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1. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...transaction complained of be part of an undertaking for reward or gain or even not carried on for gain or reward. 13. SX asks the question “Do reputable breeders sell as a business or are they private sales?” She points out that canine sport in New Zealand is amateur and no Dogs NZ member is a commercial operator. All puppy sales are private transactions. CI0301_CIV_DCDT_Order Page 3 of 6 14. However, the clear evidence from both parties is that SX was engaged in breedin...

2. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...that, if he wished to participate, he should contact the registry to confirm he was available. The absence of a party does not prevent the hearing from going ahead. Background 6. In early 2021, Mr XT’s [vehicle] was at C Ltd’s premises at [address 1 redacted] for repairs. Mr TT was carrying out spray-painting work at the neighbouring property of Q Ltd at [address 2]. CI0301_CIV_DCDT_Order Page 2 of 5 7. On 28 January 2021, C Ltd became aware that several vehicles in its ya...

3. T Ltd v R Ltd [2023] NZDT 100 (24 March 2023) [pdf, 193 KB]

   ...paid the money to is not an account of T Ltd. It appears that the original invoice sent by T Ltd was intercepted and a “fake” invoice created with a different bank account number on it. This was sent to R Ltd from a similar but different email address to that of T Ltd. R Ltd paid money into a [bank] account on the basis of that invoice. 6. R Ltd says it has attempted to retrieve the money paid through its bank but was unable to do so. R Ltd has reported the matter to the Police but...

4. NG & DG v GI Ltd [2024] NZDT 213 (4 April 2024) [pdf, 98 KB]

   ...a generally attractive appearance, but that is visually unsatisfactory in places. [20] An award of compensation cannot be a precise mathematical calculation in this case. In my view, a reasonable sum to compensate NG and DG is $7,500.00. That sum addresses NG and DG’s justified concerns, while recognising that a complete covering of the brickwork is not reasonably required. Referee: C Hawes Date: 4 April 2024 Page 4 of 4 Information for Pa...

5. TQ & MQ v H Ltd [2024] NZDT 460 (19 June 2024) [pdf, 133 KB]

   ...resource consent or a building consent is granted. The purpose is to enable the Council to recover from those persons undertaking a development a proportionate amount of the total cost of capital expenditure necessary to provide infrastructure and to service growth in the long term. 8. TA, General Manager of H Ltd, stated a Development Contribution is not charged to all new builds, and that they were unaware it would be charged when this contract was entered into. However information p...

6. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...APPLICANT EI APPLICANT OI RESPONDENT TS RESPONDENT NS The Tribunal orders: 1. NS is added as a respondent to this claim. 2. The claim is dismissed. Reasons: 3. The applicants, EI and OI, purchased a house at [Address] (“the house”) from the respondents, TS and NS on 11 January 2023. 4. Within a couple of days of moving into the house, they noticed water had pooled on the garage floor coming from the bathroom above. 5. After an investigatio...