Search Results

1. O Ltd & P Ltd v UU [2023] NZDT 474 (4 September 2023) [pdf, 174 KB]

   ...any lien over the car. There is no legal right to hold goods until the owner of the goods pays a third party. 10. Neither is there any worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. Is the buyer entitled to damages? 11. The tort of detinue applies where a person entitled to possession of the goods requests the return of goods, and the other party...

2. BW v BB [2024] NZDT 646 (20 August 2024) [pdf, 180 KB]

   ...her room. BW claims that part of the verbal agreement was that BB would not leave before duration of the fixed term tenancy. BW denies that this was a part of the agreement. 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The law of contract requires parties to a contract to adhere to the terms of that contract unless there is a legal reason not to do so....

3. LT v NL [2022] NZDT 13 (5 May 2022) [pdf, 200 KB]

   ...I am not satisfied statutory interest should be awarded because LT could have filed her claim in September 2017 and avoided the loss of interest. Referee: P McKinstry Date: 5 May 2022 Page 4 of 4 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...

4. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...the failure one of a substantial character? e. If yes, is the amount claimed by BX & TX reasonable? CI0301_CIV_DCDT_Order Page 2 of 5 Are BX & TX in breach of contract by not paying invoice 00127 on time? 4. A contract is formed when two parties agree to exchange something of value. In this situation BX engaged ND LTD to complete interior painting work at the BX and TX’s home in [Street], [City]. 5. ND, the sole director of ND LTD, told the Tribunal she and...

5. BN & SC & XC v NT & MP [2021] NZDT 1670 (30 June 2021) [pdf, 236 KB]

   ...his conversation with MP. That conversation involved an exchange of valuable consideration – XC granted accommodation to NT’s client, and NT granted security for the tenant’s obligation to pay rent. 16. My finding is that a contract was formed between XC (as trustee of the Trust) and NT. 17. However, the contract that was formed was a contract of guarantee. NT agreed to “answer to another person for the debt, default, or liability of a third person” (section 27(4) Propert...

6. MD v UI [2023] NZDT 694 (21 December 2023) [pdf, 189 KB]

   ...Collections Unit of the District Court and discuss enforcement. Contact details are on the back of this order. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Hannan DTR Date: 21 December 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...

7. NW v LO [2023] NZDT 699 (15 December 2023) [pdf, 213 KB]

   ...12. It is also noted NW did not provide evidence to support the value of the items claimed. 13. The claim is accordingly dismissed for failure of proof. Referee: DTR Edwards Date: 15 December 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 reh...

8. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the process of powder coating? 6. When two parties reach agreement about, for example, one party providing services in exchange for a fee, a legally binding contract arises. The contract’s terms are those agreed at the time the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies g...

9. CN & MN v KN & W Ltd [2024] NZDT 521 (7 August 2024) [pdf, 218 KB]

   ...that it is more likely than not). If the applicant fails to do that, then their claim must be dismissed whether it has merit or not. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and also takes into account the substantial merits and justice. I would like to reassure the parties that all information and evidence presented to the Tribunal has been consid...

10. ZM v TU & D Ltd [2024] NZDT 222 (21 March 2024) [pdf, 191 KB]

    ...entitle TU to costs. So, his counterclaim which was limited to costs is dismissed. 16. In conclusion, the claim and the counter-claim are dismissed. Referee: G.M. Taylor Date: 21 March 2024 Page 4 of 4 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...