Search Results

1. EN v SQ [2020] NZDT 1442 (27 May 2020) [pdf, 210 KB]

   ...commenced in about July 2017, and it has still not been completed (as at the date of the hearing). That is about two years and ten months since the work was commenced. SQ claimed that he had asked EN a question, which he said would provide crucial information, about whether the vehicle was registered or whether the registration was suspended. He claimed that he could not complete the work without an answer to this question, because “it may not have been worthwhile doing the work”....

2. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 6 d) If not, should KQ and WQ be entitled to relief under s 18(6) of the DTA? Are KQ and WQ entitled to a refund for the arborist works under the contract? 7. 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 terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i...

3. Morton v Marshall [pdf, 46 KB]

   ...the Claimants’ premises allowed water to penetrate the dwellinghouse thereby making it a “leaky building” as defined in the Act. The alterations were carried out less than 10 years ago and resulted in damage to the dwellinghouse. [2] Formal mediation was not attempted but rather the Claimants completed and filed a Notice of Adjudication dated 15 September 2005, naming as the sole Respondent Michael Marshall who is identified as the “builder”, and sought the sum of $15,...

4. Establishment of Canterbury Earthquakes Insurance Tribunal [pdf, 257 KB]

   ...Insurance Tribunal (“the Tribunal”), as committed to in the Labour Party’s 2017 election manifesto, to provide an alternative pathway for claimants, the Earthquake Commission (EQC) and insurers to resolve outstanding earthquake-related insurance claims. Executive Summary 2 The 2010 and 2011 Canterbury earthquakes generated insurance claims in relation to over 167,677 residential properties. 98% of these claims have settled. However, seven years on, 2% of claims remain unresolve...

5. LCRO 117/2018 VR v BJ (30 August 2019) [pdf, 183 KB]

   ...disputed that the money was owing. His complaint about Ms BJ concerns the firm having served a statutory demand on Mr VR’s company, and then issuing liquidation proceedings to recover the money claimed. [4] On 16 February 2016, the claimant informed (via email) Mr VR’s company of the availability of “advert features” at the cost of “$800+ GST”, plus “$270 outstanding”. 2 The claimant requested payment “in advance” if Mr VR’s company “wish[ed] to procee...

6. J Ltd v KG [2023] NZDT 75 (21 February 2023) [pdf, 190 KB]

   ...itself. [8] The application is dismissed. The applicant is now prevented from pursuing any further claim against the respondent under the assigned debt. Referee: Hannan DTR Date: 21 February 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...

7. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...argued that it was entitled to decline the claim or avoid the policy for breach of the “statements exclusion” in the policy. [15] The correctness of statements and fraud exclusion in the policy states: The proposal, application or declaration form is the basis of this contract. All statements made by you or on your behalf on any of these forms or otherwise in support of this policy must be complete and correct in all respects. If any claim under this policy is supported by a...

8. Canterbury Earthquakes Insurance Tribunal 28 February 2018 [pdf, 257 KB]

   ...Insurance Tribunal (“the Tribunal”), as committed to in the Labour Party’s 2017 election manifesto, to provide an alternative pathway for claimants, the Earthquake Commission (EQC) and insurers to resolve outstanding earthquake-related insurance claims. Executive Summary 2 The 2010 and 2011 Canterbury earthquakes generated insurance claims in relation to over 167,677 residential properties. 98% of these claims have settled. However, seven years on, 2% of claims remain unresolve...

9. T Ltd v MC [2023] NZDT 614 (23 November 2023) [pdf, 188 KB]

   ...accommodation arrangement is or is not a residential tenancy or boarding house arrangement. T Ltd was given until 24 July 2023 to provide confirmation from the Tenancy Tribunal as to the nature of the arrangement. 4. T Ltd did not provide any information in the Disputes Tribunal before 24 July and the matter was set down for further hearing in front of me.1 DI advised at the second hearing that he had contacted Tenancy Services after the previous hearing and was told this was not a mat...

10. B Ltd v OQ & ST [2024] NZDT 15 (23 January 2024) [pdf, 91 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 3 5. At the hearing on 12 September 2023 KS said he believed he had evidence of the acknowledgement of the debt by OQ. OQ denied there had been any such acknowledgement. The matter was adjourned to allow KS to respond with further information and / or submissions as to whether the claim is time barred in terms of sections 11 and 47 of the Act. 6. The matter was called to be continued today by teleconference. There was no attendance by KS as there w...