Search Results

1. S Ltd v D Ltd [2023] NZDT 405 (8 November 2023) [pdf, 120 KB]

   ...loose paint as this work was required before the block work could be sealed and is not proved to be directly relate to waterproofing issues around the window. Referee: Hannan DTR Date: 8 November 2023 Page 5 of 5 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...

2. KM v IA & KA [2023] NZDT 787 (1 December 2023) [pdf, 184 KB]

   ...personal capacity and the transaction was not related to the restaurant business. Referee: E Paton-Simpson Date: 1 December 2023 1 Torbay Holdings Ltd v Napier [2015] NZHC 2477; BC201563341. 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 rehe...

3. CU v MQ [2024] NZDT 299 (30 April 2024) [pdf, 179 KB]

   ...[2024] NZDT 299 APPLICANT CU RESPONDENT MQ The Tribunal orders: Claim MQ is to pay CU $115.00 within 28 days. Counterclaim The counterclaim is dismissed. Reasons [1] CU sold a number of items on [platform], and inadvertently provided MQ’s bank account number to buyers. The buyers paid a total of $ 474.50 into MQ’s account. At CU’s request, after learning of the errors, MQ paid $300.00 to CU. CU claims the balance of $174.50, as well as $...

4. TQ Ltd v MQ [2017] NZDT 1447 (24 July 2017) [pdf, 104 KB]

   ...contractual or quasi-contractual: the courts have held that the Authority has CI0301_CIV_DCDT_Order Page 2 of 3 exclusive jurisdiction under ERA s 161(1)(r) to hear a claim by an employer that it has overpaid an employee, even though the claim has been formulated as one in restitution. See for example Aztec Packaging Ltd v Malevris [2012] NZHC 243 and Foai v Air New Zealand Ltd [2012] NZEmpC 57. 7. TQ pointed out that the employment relationship between Mr Q and TQ had ended at the...

5. IH & KH v B Ltd [2024] NZDT 820 (21 October 2024) [pdf, 92 KB]

   ...the burden to prove an B Ltd employee acted negligently and I am not satisfied the evidence shows this. Accordingly, the claim must be dismissed. Referee: P McKinstry Date: 21 October 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 rehe...

6. NJ Ltd v UX Ltd [2024] NZDT 383 (22 April 2024) [pdf, 87 KB]

   ...claimed that the total including freight exceeded the quoted price. However, the quotation gave different prices for “6 cans in [region]” and “6 cans by air” (as translated), and the separate charge was for air freight. NJ Ltd’s witness X, a former UX Ltd manager, gave evidence that the quoted price included sea freight but not air freight, which does not support NJ Ltd’s contention that air freight should be included. NJ Ltd has therefore been unable to prove that it was overc...

7. Manchester Securities Limited [2013] NZWHT Auckland 4 [pdf, 80 KB]

   ...final inspection (other than in a trivial way), then it will not be “built” for eligibility purposes until it has passed its final inspection. Any exceptions to this approach are likely to be rare but might include, for example, a case where a request for the final inspection has been unduly delayed and there is clear evidence that the dwelling house was built to the extent required by the building consent prior to that date. 3 [15] The 12th floor apartment owned by Manchest...

8. D Ltd v KG [2024] NZDT 323 (15 May 2024) [pdf, 94 KB]

   ...in his fibreglass over ply boat and asked for a quote from the applicant to remedy. The applicant advised that it appeared the boat had suffered some impact damage and estimated $2,000 to repair the leak. [3] The applicant advised respondent to inform his insurer and he did so. The insurer, J Ltd, agreed to cover the repair.1 The respondent completed the repair and invoiced the applicant $2,346.00. This amount was paid by the respondent to the applicant. The respondent was later reimburse...

9. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an acceptable quality. Section 7 CGA provides further information about what acceptable quality means, including examples like, goods must be fit for a purpose for which they are commonly supplied; be acceptable in appearance and finish; and be free from minor defects. 6. Having considered all th...

10. LC v Q Ltd [2025] NZDT 94 (26 May 2025) [pdf, 196 KB]

    ...person may be liable, not the vehicle itself or its owner. b. The jurisdiction of the Tribunal is provided for in sections 10 and 11 of the Disputes Tribunal Act 1988 and does not include the power to require that one party disclose/provide information to another party. 9. For completeness, I record that I have considered Q Ltd saying that it believed the driver was acting as an agent of LC, however I do not find it reasonable to believe this for either contract or trespass. In...