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1. BU v LN & KB [2025] NZDT 172 (17 April 2025) [pdf, 115 KB]

   ...been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract may be written or oral; formal or informal. When assessing whether there is a concluded oral contract between two parties, it is necessary to examine all the circumstances to determine whether it is reasonable to infer that a concluded bargain was reached, that is, t...

2. Owners of 52 Aitken Terrace [2012] NZWHT Auckland 40 [pdf, 89 KB]

   ...sufficient information to identify when specific work was completed and council records are often incomplete. In these circumstances she considered it reasonable to take into account the dates of council inspections and the dates those inspections were requested to determine the likely date the work was completed, even if it may not produce an exactly accurate result. [11] The High Court has consistently held that the built by date is the point at which the house was physica...

3. NQ & TQ v WQ [2023] NZDT 360 (24 July 2023) [pdf, 106 KB]

   ...document or his bank records and if it that was incorrect, then it would be normal to expect an objection to be raised to that by WQ. g. It was suggested that WQ was previously used to dealing with payments by way of cheque in [country] and this form of advance was unknown to him and he did not read it or understand it. I find this suggestion unlikely. It is the transfer of a substantial amount of moneyback in 2005 and is the only record of it. It is reasonable and more likely than n...

4. TD v S Ltd [2024] NZDT 308 (13 May 2024) [pdf, 195 KB]

   ...Referee: K Johnson Date: 13 May 2024 https://legislation.govt.nz/act/public/2017/0005/latest/link.aspx?id=DLM6844560#DLM6844560 https://legislation.govt.nz/act/public/2017/0005/latest/link.aspx?id=DLM6844561#DLM6844561 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...

5. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...complaint to be progressed further. It is the Commission's role to seek to mediate fair and effective resolution of complaints at the earliest opportunity. Its dispute resolution process is focused on mediation: it has no investigation or opinion-forming role in considering complaints of unlawful discrimination. The process is flexible and confidential to the parties involved. Should resolution not be achieved, or at any time during the mediation process, a party to the complaint co...

6. C Ltd v N Group [2025] NZDT 215 (28 April 2025) [pdf, 198 KB]

   ...this case. 11. C Ltd suggests that New Zealand law should apply because there is a real and substantial connection to New Zealand, because C Ltd is a New Zealand company. Specifically, it says that all the work required under the contract was performed in New Zealand, all meetings with N Group took place during New Zealand daytime to accommodate C Ltd, and all dealings between the parties were in English. 12. C Ltd further says that the subject matter of the consultancy work concern...

7. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

   ...denies telling Mr N that there is no need for him to get his own asbestos report or that he had the report and would give Mr N a copy. He said that he did not get a copy of the report until 12 September, when QT Ltd forwarded to him (on Mr O’s request) the copy that NQ had emailed to QT Ltd at 12.42pm on 11 September 2017. He denied knowing that it was limited test and report and not sufficient for demolition purposes. 17. I prefer Mr O’s evidence in this regard over the eviden...

8. LT Ltd v IU [2024] NZDT 531 (24 July 2024) [pdf, 227 KB]

   ...dismissed. Reasons: 1. In 2020, 2021, and 2022, LT Ltd says it was contracted by TC to supply staff Christmas hampers at [City 1], [Suburb], and [City 2] hospitals. Terms of these arrangements were agreed over a series of emails, rather than a formal, signed contract. While the contract had a commercial basis LT Ltd also viewed hamper project work as part of its community outreach, in support of healthcare workers throughout the impact of the Covid-19 pandemic. 2. In Jun...

9. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

   ...it. [15] The second respondent’s report contained various contractual exclusions. [16] The scope of the report is set out in the heading “Scope” contained in the report itself. That description notes that the inspection type is as requested by the client. The front page of the report records the inspection type as: “Pre-Purchase Infrared Moisture Inspection” [17] The report does set out its findings of moisture detection work taken in the interior of the proper...

10. Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 286 (2016 APPEAL 286) [pdf, 264 KB]

    ...jurisdiction, the Court had not actually vested such rights in the trustees. [4] The trustees appeal the decision of the lower Court. Grounds of appeal [5] The grounds of appeal are that the Court does have jurisdiction to deal with the appellants’ claims as follows: a) The Bambers leased out the land without the owners’ consent, and an account of rentals was sought; 1 43 Waiariki MB 290-300 (43 WAR 290-300). 2016 Mao...