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1. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...Decision. [4] SUB-2008-570 was an application to the Waitakere City Council (to which the Auckland Council is successor) in 2008 for a 15 lot subdivision and SUB-2008-571 for a 75 lot subdivision. The applications for declarations 4 and 6 relate to the former, application 44 relates (indirectly) to the latter. Declaration 4 [5] 2 The declaration sought is: Four applications were set down for hearing but one (for declaration 45) was withdrawn prior to the hearing. Described i...

2. GJG ltd v SQS Ltd [2018] NZDT 1072 (26 April 2018) [pdf, 290 KB]

   ...entitled to a refund? What was agreed between the parties? [5] The relevant law is the law of contract, the Fair Trading Act 1986 (FTA), and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. [6] GJG argued that this was a case of buyer’s remorse, and that Mrs QS had been informed about the payments that would be taken under the twelve-month contract. Howev...

3. NC v MD [2021] NZDT 1348 (12 March 2021) [pdf, 208 KB]

   ...saying he understood and agreed only to trimming on her property. She says “it could possibly have been a surprise to her” that the loquat tree was removed by her contractors. 7. I find, on the balance of probabilities and from the limited information available, that MD, at the least, gave inadequate instructions and supervision to her contractors and that this amounts to negligence. She is therefore liable in negligence for the reasonable costs of putting NC back into the posit...

4. CO Ltd v GM Ltd [2019] NZDT 1478 (26 July 2019) [pdf, 95 KB]

   ...accordance with the Tribunal’s jurisdictional limit. Conclusion 11. For these reasons GM Ltd is to pay CO Ltd the sum of $15,000.00 by the date stated in the order. Referee: K Rendall Date: 26 July 2019 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish...

5. UM v QO [2022] NZDT 252 (12 December 2022) [pdf, 182 KB]

   ...dismissed. Reasons: 1. UM purchased a vehicle from DO via her son QO after seeing it advertised on U. 2. Prior to this, UM organised for it to be checked over by B and QO assisted with this taking place. 3. After the inspection, QO informed UM the price was reduced from $10,000 to $9,000 and that he would replace two tyres. 4. The agreement was made and included for the vehicle to be delivered to UM. 5. UM experienced issues with the engine and discovered rust and other...

6. ST v PS Ltd [2023] NZDT 65 (15 March 2023) [pdf, 234 KB]

   ...of this matter took place at 2pm today, however as PS Ltd did not answer calls made to the numbers provided for them, the hearing proceeded in their absence. Referee: K. Edwards Date: 15 March 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

7. TC v UMA [2024] NZDT 260 (5 March 2024) [pdf, 100 KB]

   ...super-charging” – it was silent as to upgrade costs and I find that coverage of those by UMA cannot reasonably be implied as a term. The claim is therefore dismissed. Referee Perfect Date: 5 March 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply fo...

8. KD & LD v XN Ltd [2024] NZDT 215 (5 March 2024) [pdf, 90 KB]

   ...with the purchase. It follows that they are entitled to a return of the deposit that they paid. [9] Thus, XN Ltd must pay the applicants $1,000.00. Referee: C Hawes Date: 5 March 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

9. S Ltd v OB [2024] NZDT 226 (20 March 2024) [pdf, 119 KB]

   ...the bus and the costs to repair the damage. I am satisfied on the evidence provided by J Ltd that the repair costs are reasonable. OB is to pay S Ltd/J Ltd $2,170.63. Referee: Kaho Date: 20 March 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

10. LQ & QQ v T Ltd [2023] NZDT 463 (30 November 2023) [pdf, 196 KB]

    ...sufficient to rectify the problem. However, the failure cannot be properly rectified by sanding and brooming, which would only be a temporary and partial solution. 10. LQ and QQ are entitled to be put in the same position as if the contract had been performed properly, and I accept that this will require the turf to be removed and new turf laid. [Turf Provider] has quoted $5,325.07 for the cost of supply and installation. It is necessary to deduct from this cost the unpaid balance $4,05...