Search Results

1. 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...

2. BE & SI v CB [2021] NZDT 1713 (17 December 2021) [pdf, 106 KB]

   ...12-foot run-down caravan from CB for $1800.00 (initially for storing materials they were using for renovation of another caravan and with the later intention of doing-up and on-selling). They had previously purchased a 15-foot caravan from CB in May and formed a friendship – all parties were living in [City 1] at that time. BE and SI moved to [City 2] in early October 2021, having arranged with their landlord before they left for CB to take over their tenancy. 2. When the 12-foot car...

3. MT & Anor v NK & Ors [2024] NZDT 798 (12 November 2024) [pdf, 248 KB]

   ...The Tribunal orders: The claim by MT and QT against all four Respondents is dismissed. Reasons Background and identification of parties 1. The Applicants (MT and QT) entered into a contract (“the agreement”) on the standard ADLS form to purchase the property at [address] from the First and Second Respondents (“NK and OK”) on 28 July 2023. The agreement was a secondary (back-up) contract with there being an existing contract on the property. The agreement was uncondit...

4. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...affidavit sworn on 9 June 2015 Mr McCready deposed that on 29 April 2015, at a time when NZPPSL was endeavouring to persuade the District Court to accept the private prosecution brought by NZPPSL against the defendant, he had contacted Unite Union requesting Ms Bailey’s contact details but had been refused. He had subsequently served Ms Bailey with all documents filed in the Tribunal by emailing them to Unite Union. There had been no response with the result Mr McCready was unsure whe...

5. TC v TB [2023] NZDT 575 (7 November 2023) [pdf, 185 KB]

   ...issuing the invoice. 4. Having carefully considered all the evidence I find TC’s claim is dismissed and TC is to pay TB the $195.50 as ordered. Referee: P McKinstry Date: 7 November 2023 Page 2 of 2 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...

6. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...a consumer under the CGA. Was there a contract between the parties, and if so was it a term of the contract that the work would be carried out in an acceptable and tradesperson-like manner? 8. The Law of Contract provides that a contract is formed when there is offer, acceptance, consideration, and the parties intend to be legally bound. The terms and conditions of a contract should be clear and known to both parties because each parties’ rights and obligations under the contract...

7. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...addition, the consumer may also obtain damages from the supplier (s 32(c)). The Tribunal may award a refund of part, or all of the money paid for the services of the supplier (s 38). The Tribunal shall have regard to the value of any work or services performed by the supplier (s 39). 12. I have already found that DS has not proven that HW failed to provide his services with reasonable care and skill. I have also already accepted that the final delivery of the service was reasonable...

8. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...calculated as follows: Repair costs $13,012.80 Legal costs $ 1,035.00 CI0301_CIV_DCDT_Order Page 5 of 6 $14,047.80 Referee: J Robertshawe Date: 28 January 2021 CI0301_CIV_DCDT_Order Page 6 of 6 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...

9. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...c. Is the amount claimed reasonable? Are QX & TX entitled to withhold [Company] monies from KD to offset other alleged liabilities? CI0301_CIV_DCDT_Order Page 2 of 5 4. When two parties exchange something of value a contract is formed. To be bound by a contract, both parties must be certain about the essential terms of the contract. In this situation, the parties agreed and signed a [Contract Agreement] on 20 February 2018. The agreement was to run from 1 June 2018 to 3

10. HH & HT v WT Ltd [2023] NZDT 22 (28 February 2023) [pdf, 197 KB]

    ...the time HH and HT booked their outing. It was not clear whether the “bottomless” refers to food or drinks and could have been misleading. 11. Had HH and HT known the “Bottomless Brunch” only applied to drinks they could have made an informed decision about where they wanted to have brunch. They did not have that opportunity. 12. HH and HT were misled; WT Ltd breached the Fair Trading Act 1986. WT Ltd accepts the information was unclear and advises me it has now amended i...