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1. D Ltd v O Ltd [2024] NZDT 321 (18 April 2024) [pdf, 109 KB]

   ...claims it has a defence against paying this amount as it was overcharged under four earlier invoices, 173587, 175616, 176752 and 17675. The respondent admits liability for invoice 178407 but claims to have paid this invoice. The respondent has not filed a counterclaim. [4] The respondent admits liability for the two invoices claimed but as stated above claims to have a defence against the amount claimed. Clarifying its position, the respondent submits it has paid invoice 178407 in the am...

2. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $260 filing fee for an appeal. You can only appeal outside 20 working days if you have be...

3. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...forwarded inappropriate communications to third parties. (r) Ms WG had delayed in applying for probate. (s) Ms WG had made inappropriate personal comments about her. (t) Further concerns raised regarding the tendering process. [19] Subsequent to filing these complaints, Mrs XM filed a further nine complaints in May 2014, and a further four complaints which were the subject of a Committee decision delivered on 10 July 2015. [20] The Committees that have conducted inquiry into Mrs X...

4. [2018] NZEnvC 190 Jacks Point v Queesntown Lakes District Council [pdf, 7.1 MB]

   ...encouraged. REASONS Introduction Background [1] Appeals against decisions on 'Stage l ' of the proposed Queenstown Lakes District Plan ('Stage 1 PDP' I 'Decision Version ') are now before the court. Several parties filed notices under s274 of the Resource Management Act 1991 ('RMA') to join appeals. Case management in preparation for the first tranche of hearings early in 2019 Jacks Point Residential No.2 Ltd, Jacks Point Village Holdings...

5. Andrews v Accident Compensation Corporation [2017] NZACA 1 [pdf, 76 KB]

   ...__________________________________________________________________ DECISION __________________________________________________________________ [1] This is an application for leave to appeal out of time against the decision of a reviewer issued on 18 June 2010. It was filed on 10 August 2016. The applicant is not himself capable of giving instructions, so his counsel filed the application on instructions of his former welfare guardian. An appeal filed earlier in the District Cou...

6. LCRO 133/2017 AD v BE (18 September 2019) [pdf, 349 KB]

   ...“trial” had been postponed to allow further detailed preparation. 5 (c) Mr BE gave Mr AD “all evidence documents” which he had prepared and which he thought Mr AD would file with the court. (d) Mr AD lied when he said the documents had been filed in court. (e) Mr AD was not instructed to inform the court that the parties would negotiate a settlement. (f) After [EJP] had been liquidated, Mr AD said that there was a chance to appeal that decision and that he could “w...

7. Anderson v Bryant (Referral back to Human Rights Commission) [2016] NZHRRT 13 [pdf, 43 KB]

   ...RELATED ORDERS1 1 [This decision is to be cited as: Anderson v Bryant (Referral back to Human Rights Commission) [2016] NZHRRT 13] 2 Introduction [1] By statement of claim filed on 23 October 2015 Ms Anderson complains of sexual harassment by Mr Bryant and relies on s 68(1) of the Human Rights Act 1993 to attach liability to AUT University which at the relevant time was Mr Bryant’s employer. [2] A statement...

8. [2012] NZEmpC 121 Hally Labels Ltd v Powell [pdf, 55 KB]

   ...[2012] NZEmpC 121 ARC 35/11 IN THE MATTER OF an application for a freezing order AND IN THE MATTER OF proceedings removed BETWEEN HALLY LABELS LIMITED Plaintiff AND KEVIN POWELL Defendant Hearing: By submissions filed on 26 June and 23 July 2012 (Heard at Auckland) Counsel: Chris Patterson, counsel for plaintiff Andrew Gallie, counsel for defendant Judgment: 25 July 2012 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] On 26 June 2...

9. [2013] NZEmpC 20 NZPPTA & Gray v Secretary for Education & Cambridge High School [pdf, 64 KB]

   ...(First Division). 37. Accordingly, it is claimed that Mr Gray should be paid on step 12 of the salary scale (qualification group G3+ maximum) and is entitled to salary arrears since 11 April 2011 plus interest. [4] In its statement of defence filed on 26 November 2012, the Ministry admitted, in response to paragraph 36 of the statement of claim, that Mr Gray, “holds a number of qualifications and that NZQA has assessed Mr Gray as holding a qualification with learning outcome...

10. Forrest Drive [2011] NZWHT Auckland 29 [pdf, 69 KB]

    ...accepting that the house is a leaky home, both the assessor and the chief executive of the Department of Building and Housing have concluded that the claim is not an eligible claim because the house was built more than ten years before the claim was filed. The claimants have applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). Background [2] Section 49 of the Act provides that a c...