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. BC v J Ltd & M Insurance [2023] NZDT 513 (30 September 2023) [pdf, 182 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 b. If not, is BC entitled to $6,428.00 as claimed, or to any other sum? Has J Ltd correctly decided that the slipway damage is excluded under BC’s policy? 6. Contract law requires parties to perform the promises they make to each other, unless there is a valid legal reason not to. When questions of contract interpretation arise, a court considers what a reasonable and properly informed bystander would think the parties intended their wor...

4. DI v K Ltd [2025] NZDT 203 (7 April 2025) [pdf, 213 KB]

   ...applicant to a claim bears the burden of proof on the balance of probabilities (that is, that it is more likely than not). When assessing whether the onus of proof has been discharged by an applicant, I need to consider and evaluate the evidence and information presented by the parties. While I have carefully considered all the evidence and submissions from the parties, I have only addressed the evidence and arguments to the extent necessary to explain my decision. CI0301_CIV...

5. LCRO 135/2024 FA v TK and GY (25 March 2025) [pdf, 184 KB]

   ...sister] did earlier and was awarded compensation (High Court orders 1h and 1gii) I will submit a log of the hours of work to carry out maintenance and market the property”. [10] The second respondent asked her to confirm that the work had been requested by the listing agent under to cl 2(d) of the Order or agreed by the sisters under cl 2(j). [11] In an initial email to all the sisters, the first respondent set out the expense details and the terms of the Order and then recorded h...

6. DX v KD & I Ltd [2025] NZDT 77 (19 February 2025) [pdf, 207 KB]

   ...loss has been suffered. Findings Contract 9. I find a binding contract was entered into by the parties. 10. DX argues there was no sale and purchase agreement entered into, just an invoice rendered. However, in New Zealand, the only forms of contract that are required to be in writing and signed are contracts for the sale and purchase of an interest in land and contracts of guarantee. The agreement reached between DX and I Ltd was for the sale and purchase of a chattel being...

7. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...refund comes to well over the $5,500.00 claimed, but IO cannot recover more than the amount of his claim. I have therefore ordered payment of $5,500.00. Referee: E Paton-Simpson Date: 26 March 2024 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. E Ltd v DM & KA [2023] NZDT 483 (23 June 2023) [pdf, 145 KB]

   ...can proceed in the Tribunal. Were either or both of the respondents contractually liable to pay E Ltd? 7. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 8. The contract between E Ltd and the finance company was in writing, but the arrangement between E Ltd and the respondents was largely verbal. KA submitted that DM bought her the car...

9. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...effectively a personal promotion by him of the services presented by the report and refers to an account for "my" fees. The only reference to the limited liability company other than in the letterhead is in the signature page at the end which forms part of the document headed "Land Information Summary". It could well have been misinterpreted as being a statement by the company of the summary of land information. The substance of the report itself which conclud...

10. 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...