...ZY RESPONDENT person or organisation originally claimed against BT OTHER PARTY J Ltd APPLICANT'S INSURER (if applicable) J Ltd Result of application for rehearing: Rehearing Refused The Order of 13 December 2023 stands. Reasons for decision: 1. BT applies for a rehearing on the basis that he missed the telephone call on the 13 December 2023 and therefore was unable to have his say. 2. BT says that he was aware that the hearing was coming...
...awarded $30,000. 5. DM Ltd made complaints to the Real Estate Authority regarding CC. The complaints were referred to a Complaints Assessment Committee (CAC) convened under section 75 of the Real Estate Agents Act 2008 (REAA). 6. On 11 May 2023, the CAC issued a decision (First Decision) finding CC guilty of unsatisfactory conduct, relating to the information provided to DM Ltd about the leases and outgoings. 7. On 21 November 2023, the CAC issued a decision (Second Decision) s...
...I also find that a further reasonable time could be allowed for the carport. However, while TQ’s position was that delays were due to additional variations, the weather, and Covid, and his view that the work was substantially complete by January 2023, with only a missing spreader on the downpipe and some painting, on balance I find that there was a failure to complete this work within a reasonable time frame. I say that for reasons which include: a. While I accept that the carport woul...
CI0301_CIV_DCDT_Order Page 1 of 6 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 728 APPLICANT BH RESPONDENT N Ltd The Tribunal orders: 1. This order replaces my order of 21 October 2023. That order recorded my decision in relation to the disputed issues between the parties. It did not record the earlier agreement between them regarding the rangehood which was recorded in the adjournment order of 16 July 2023...
...reasonably foreseeable as likely to result from the failure. 5. K Ltd operates a commercial waste disposal business. It hired a bin to [a home staging company] which operates from a block of commercial units at [a suburb] in [City]. On 14 September 2023 the bin, which was stored outside the unit, blew across the carpark and hit UX’s car, which was parked nearby, causing damage. 6. UX and his insurer say that K Ltd are liable for the damage because the brakes on the wheelie bin w...
...Tuesday, 7 May 2024. Summary of Reasons: [1] The hearing was convened by teleconference. Both parties appeared at the hearing. Background [2] The applicant claims a refund following his purchase of a [brand] oven from the respondent in August 2023. The applicant claims the oven door has failed three times since the purchase and as the respondent has refused to fix the door again, the applicant now wishes to reject the oven and obtain a full refund of the purchase price plus insta...
CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 327 APPLICANT BU RESPONDENT NPU The Tribunal orders: The claim is dismissed. Reasons 1. BUBU (a Charitable Trust which serves the needs of the [community] in [City]) organised a camp for 3 days at [Island] which is run by the NPU which is also a Charitable Trust. BU say that they experienced a series of incid...
...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 103 APPLICANT GA RESPONDENT R Ltd The Tribunal orders: Claim Dismissed. REASONS Brief Details of Claim 1. On 9-10 October 2023, GA contacted HY of R Ltd and engaged R Ltd to carry out a Weathertightness Report on a property at [address]. The inspection was required to satisfy GA’s bank. GA paid $920.00 to R Ltd for the inspection and report. 2. The inspection...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 260 APPLICANT LA RESPONDENT KD The Tribunal orders: The claim is dismissed Reasons: 1. KD’s car hit the back of LA’s car on a very rainy day when the traffic on [highway] was slowing down because of another collision ahead. LA seeks an order that KD is liable to pay for the damage to LA’s car. KD says he...
Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 459 APPLICANT BM and OT RESPONDENT OE and DE The Tribunal orders: OE and DE are to pay $30,000.00 to BM and OT by 1/8/23. Reasons: 1. This order should be read with that dated 17/3/23. Misrepresentation? 2. The applicants rely on the applicable clauses in the sale and purchase agreement as to misrepresentation. It is importa...