Search Results

1. HI v UD [2023] NZDT 359 (4 April 2023) [pdf, 201 KB]

   ...may have destabilised it. (d) HI provided one page of an EQC report on the slip which noted that the land on which the house sits is “cut and fill” from the construction of the road, and the road above is also on a “cut and fill” platform. The bank is therefore not a natural structure. This factor sets the case apart from the case law cited, as there would be additional considerations about liability for land where a slip has occurred from a man-made bank, rather than a na...

2. ES v LQ & TQ [2023] NZDT 79 (16 March 2023) [pdf, 213 KB]

   ...temporary repair. If so, the extent of the affected cladding and the reasonable cost to repair? 10. The law of contract applies. Parties to a contract are bound by express terms and implied terms. Express terms are those that are stated prior to formation of the contract. Implied terms are those that are obvious and go without saying. 11. I am satisfied that a small part of the cladding had not been properly fixed to the tiny home and required replacing. TQ has taken responsibility...

3. L Ltd v UT [2022] NZDT 266 (16 December 2022) [pdf, 167 KB]

   ...pay the sum of $850.00 to L Ltd on or before Monday 16 January 2023. Reasons: 1. On 1 August 2022, UT (the customer) signed a six-month Membership Agreement with L Ltd (the gym). The membership fee was $170.00 per month. The customer signed a form to pay by direct debit, but the account number provided was incorrect. The gym claims that no payment has ever been received, and the customer has neither attended the gym nor cancelled her membership. 2. The gym now claims $935.00, intend...

4. OIA-107203.pdf [pdf, 179 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 26 September 2023 Ref: OIA 107203 Tēnā koe Official Information Act request: Immigration and Protection claims Thank you for your email of 2 September 2023, to the Ministry of Justice (the Ministry) requesting, under the Official Information Act 1982 (the Act), information regarding appeals to the Immigration and P...

5. MK & NK v B Ltd [2023] NZDT 687 (21 December 2023) [pdf, 111 KB]

   ...pass those on to his tenants in plenty of time. 10. NK denies that he was ever told that the building would need to be vacant and points out that it is not written on the quotation nor is there any evidence of such a requirement in writing in any form — some of the communication between the parties was by phone and some was by email — I accept that none of the email communication makes reference to the building needing to be empty while work is proceeding. One of his tenants has wri...

6. EC & KC v CT & ZR [2022] NZDT 190 (17 October 2022) [pdf, 199 KB]

   ...settlement and after 2 contractors had intervened. 30. Accordingly, the Tribunal finds that the claim has not been proven and must be dismissed. Referee: L. Mueller Date: 17 October 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...

7. M Ltd v AAI [2023] NZDT 578 (11 August 2023) [pdf, 193 KB]

   ...TRIBUNAL [2023] NZDT 578 APPLICANT M Ltd RESPONDENT AAI The Tribunal orders: AAI is to pay the sum of $8,000.00 to M Ltd on or before Monday 28 August 2023. Reasons: 1. In August 2021, AAI submitted a Consignment Quote Request form to M Ltd for a [designer purse]. The form stated, “We only sell authentic items.” He shipped the purse to M Ltd in [Country]. M Ltd received the purse in September 2021, and an artificial intelligence-enabled authenticatio...

8. BM v X Ltd [2020] NZDT 1583 (23 June 2020) [pdf, 128 KB]

   ...by email. 6. In the hearing, I gave BM a copy of X Ltd.’s 31 March 2021 email, a copy of s 10 of the Disputes Tribunal Act and a copy of my 13 January 2021 order. I gave BM an opportunity to adjourn the hearing and seek advice about that information. He declined that opportunity. Therefore, I am making this decision on the information presented in the hearings to date. 7. The issue to determine is whether the Disputes Tribunal has the jurisdiction to hear this claim. Doe...

9. MD v D Ltd [2019] NZDT 1513 (12 August 2019) [pdf, 194 KB]

   ...claim, MD emailed the Tribunal to advise that a payment of $2,500.00 had been received from DL that morning reducing the amount claimed to $5,343.00 plus interest. [3] I have to decide: (a) who the parties to the contract were; (b) whether DL performed its obligations under its contract with MD; (c) if MD was entitled to cancel the contract; and (d) whether DL is liable to pay the whole or any part of the amount claimed. [4] The applicable law is the law of contract and the Co...

10. HK v F Ltd [2024] NZDT 698 (7 November 2024) [pdf, 214 KB]

    ...component and it would be reasonable to expect there would be several other components connecting to that part. The claim under the manufacturer’s warranty must therefore fail. CI0301_CIV_DCDT_Order Page 2 of 3 8. HK also stated the warranty information was misleading. However I find that claim has not been proven. HK agreed the warranty was stated to be on the inverter motor only. Although HK thought this related to the inner workings of the machine, he did not seek clarity...