Search Results

1. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...factor is the respondent’s ‘offer’ of a refund subject to this dog being returned, and re-homed. That is something the applicant rejects (he wants to keep the dog, but get his money back) obviously because of the emotional attachment that has formed. When a good supplied is an animal, the blunt, possibly even harsh, reality is that it is open to the owner of that good to, so to speak, draw a line under the prospect of continuing costs. If an owner of an animal chooses not to do that,...

2. KA v L Ltd [2023] NZDT 297 (31 July 2023) [pdf, 197 KB]

   ...cosmetic work. However, the parties had in fact reached an agreement about price, and KA had already received the report, by the time that he paid the $2,500.00. PI had agreed to do his best to ‘tidy up’ the cosmetic issues, but PI had already informed KA that he would not put that commitment in writing because it would not be possible to accurately state what standard L Ltd was obliged to bring the vehicle to. d. It is not proven that PI ‘pressured’ KA into paying the depo...

3. NS v BX [2024] NZDT 787 (14 August 2024) [pdf, 193 KB]

   ...sale, and as reflected in the sale price negotiated/ accepted… Both parties agree that BX did provide NS with a copy of the invoice from [Mechanic 1] who carried out the gear box replacement. However, the parties disagreed on whether NS was informed prior to the purchase that the car had been returned to [Mechanic 1] for a period of five months due to issues with the gear box. BX admitted during the hearing, that [Mechanic 1] advised him that during the five month period the gear b...

4. FU v IX [2024] NZDT 527 (2 August 2024) [pdf, 183 KB]

   ...Conclusion 15. In light of these findings, it is not possible to address the final issue of compensation for the applicant, and the claim must be dismissed. Referee: J Robertshawe Date: 2 August 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 r...

5. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...rather than being intentional, because s 35 includes innocent misrepresentations. However, the difference might not be all that significant given that the car had done nearly 197,000 km at the time of sale. 9. More importantly, I consider that the former statement qualified as a misrepresentation because it was only partly true, and omitted important information about the most recent service, which was in January 2023. The courts have held that that a half-truth, which is literally true...

6. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...to compensation and if so, how much. Has TD misrepresented the fridge? 7. A seller may not misrepresent an item for sale. A misrepresentation is: a statement of face, by one contracting party to another, before or at the time the contract is formed, that induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is work...

7. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...station [143] Constructive dismissal? [159] Application of s 122 Employment Relations Act 2000 [206] An observation [214] Remedies for unjustified disadvantages [216] Costs [217] Introduction [1] The issues in this proceeding between a former police officer and the Commissioner of Police as her employer, include:  whether the Commissioner disadvantaged Christine Coy unjustifiably in her employment; and  whether Ms Coy was dismissed constructively;  if so, whet...

8. [2007] NZEmpC AC 8B/07 Blaker v B & D Doors (NZ) Ltd [pdf, 142 KB]

   ...the material to the scrap dealer and then showed me the cash that he had received. Julian would not tell me who the other employee was until I said we know Henry Henry put the material in the trailer. Julian then confirmed it was Henry who requested Julian to take the material and also his intention was to give Henry the cash. I asked Julian if we could discuss this with Henry at 11:30 on Thursday morning which was acceptable he replied. Wednesday 7 December approx 2:45pm...

9. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

   ...directions. On 8 August 2017, a notice of intention to appear was on behalf of Counsel Bidois for the respondents (transferees), filed a memorandum seeking a timetable for applicant’s evidence. The memorandum is summarised below: i. Counsel requested timetabling directions for filing of the applicant’s evidence; and ii. The applicant has not produced evidence to prove that the order is erroneous Submissions: i. Counsel claims that the applicant has no success without...

10. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

    ...commercial and are fully acceptable from a quality perspective. For bottles of this shape, variation in thickness will commonly present within the ‘base’ and ‘sidewall’ of the vessels. This is a common occurrence due to the “blow and blow’ forming process used to manufacture the bottles, coupled with the horizontally aligned shoulder and rectangular shape (which provide additional manufacturing challenges in themselves). Being made of the high quality ‘super-flint’ glass d...