Search Results

1. [2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys [pdf, 235 KB]

   ...Cornish Truck & Van Ltd v Gildenhuys [2019] NZEmpC 6. 2 Gildenhuys v Cornish Truck & Van Ltd [2018] NZERA Auckland 101. [2] He also sought $4,500 for costs in the Authority, together with disbursements of $71.56, covering the filing fee (inclusive of GST). I understand the costs anyway have been paid to him by Cornish Truck. He also is entitled to be reimbursed for the filing fee. If the filing fee has not been paid to him, it is to be paid within 10 working da...

2. Ngakoti v Department of Conservation - Ngaiotonga A3 [2019] Maori Appellate Court MB 213 (2019 APPEAL 213) [pdf, 211 KB]

   ...notice of appeal was lodged with the Māori Appellate Court on 5 December 2018, 11 days outside of the time specified at s 58(3) Te Ture Whenua Māori Act 1993 (the Act). [3] The notice of appeal was accompanied by an application for leave to file the notice of appeal outside the time provided in s 58 of the Act. [4] A telephone conference of all parties was called on 18 April 2019 to consider a number of issues arising from the notice of appeal and the application for leave to f...

3. LO v BH Ltd [2019] NZDT 1555 (5 August 2019) [pdf, 154 KB]

   ...he persisted, he was offered a $300.00 credit and then was later offered a replacement. LO does not want a replacement the second time and wants the money he paid for the suite ($2,700.00) refunded. He is also seeking a refund of the $90.00 Tribunal filing fee. His total claim is $2,790.00. 4. I cannot award the Tribunal filing fee claimed of $45.00. Under the Disputes Tribunal Act 1988 the filing fee is not a cost that can be awarded by the Tribunal. 5. The issues to be determined...

4. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...cars he had parked inside his yard. UJ LTD has paid the sum of $562.50 towards the cost of repairing the paintwork. 2. NB claims the sum of $9,420.00 for the cost of repairing the paint work on the car, depreciation for car, and the Tribunal filing fee. 3. The issues to be determined are as follows: a. Was UJ LTD negligent in pouring the concrete so that it splashed into an adjacent property? b. Was NB contributorily negligent by not protecting his car within his property? c. A...

5. [2021] NZEnvC 093 CEP Services Matauwhi Ltd v Northland Regional Council [pdf, 2.2 MB]

   ...MANGAWHAI HARBOUR RESTORATION SOCIETY INCORPORATED (ENV-2019-AKL-110) Appellant NORTHLAND REGIONAL COUNCIL Respondent On the papers: Judge J A Smith Hearing: Last case event: Appearances: On the papers at Auckland Consent Memorandum filed 24 June 2021 S T Shaw for CEP Services Matauwhi Limited and Patuharakeke Te Iwi Trust Board and as agent for The Bay of Island Maritime MJ Doesburg and ES Lake for Northland Regional Council _ P D Anderson for Royal Forest and Bird P...

6. KM v BE [2022] NZDT 25 (29 April 2022) [pdf, 196 KB]

   ...wanted a refund. BE gave evidence that after hearing from KM, she contacted the [Television company] support team in [country], trying to ascertain what the issues with the unit were and whether they could be remedied. 3. On 22 July 2021, KM filed a claim for the refund with the Disputes Tribunal. 4. BE subsequently offered KM a refund of the $300.00 that she paid for the TV unit if she returned it, but KM requested a payment of $345.00 to cover ‘her costs’. 5. BE r...

7. [2022] NZEmpC 103 Pilgrim v Attorney-General [pdf, 230 KB]

   ...OF CHIEF JUDGE CHRISTINA INGLIS (Application to access Court documents) Introduction [1] An application has been made by a journalist from New Zealand Media and Entertainment (NZME), a media outlet, to access certain documents on the Court file, namely the statement of claim, any affidavits filed by the plaintiffs, and an affirmation from a former Police detective which was referred to in an interlocutory judgment dated 23 March 2022. [2] NZME wishes to cover the upcoming hear...

8. [2022] NZACC 54 - Mercer v ACC (5 April 2022) [pdf, 138 KB]

   ...2020, advocate Mr Dolamore was involved with some research and contact with ACC in attempt to have a second review hearing. It appears nothing came out of this. [7] January 2021 – approach to John Miller Law. Suggestion of late appeal being filed. [8] 21 January 2021, the appellant introduced to Mr Macann. Then followed an investigation by the appellant regarding the payment of ACC levies by Belvedere Dairy Limited. [9] 28 February 2022, appeal filed. Legal Principles to be...

9. KT v BM [2021] NZDT 1571 (22 July 2021) [pdf, 182 KB]

   ...succeed. The claim for outgoings will not be offset against the bond, due to the lack of supporting evidence. While I accept that BM may have suffered some financial loss, this resulted from a situation of his own making. 15. KT has claimed the filing fee and statutory interest. There is no jurisdiction under s 43 Disputes Tribunals Act 1988 for the Tribunal to reimburse the filing fee. The amount of statutory interest potentially payable is just over $3.00. In the circumstances...

10. [2023] NZREADT 23 - ZI v CAC 2107 (17 August 2023).pdf [pdf, 178 KB]

    ...appellant sent an email to the lawyer stating she had not heard from him and asking 3 for a discussion about the possibility of a claim in the Disputes Tribunal. She wanted to know if the claim could be for higher than $30,000. APPEAL FILED [9] On 2 July 2023, the appellant filed in the Tribunal a Notice of Appeal (signed and dated 2 July 2023) against the decision of 12 May 2023. It was against the second respondent. In the appeal form, the appellant acknowledged being o...