Search Results

1. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 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 $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

2. Applications-types-and-required-documents-Employment-Court.xlsx [xlsx, 30 KB]

   ...review Form 2 $349.00 Amended appliciation for judicial review Form 2 amended, clear and marked-up copy N Service overseas Application for leave to serve statement of claim on overseas party Form 2A; Affidavit in support 225.00 unless statement of claim is filed already or together with the application Request for service overseas Form 2B, a copy of the order granting leave to serve a party oversead, statement of claim, a copy of the statement of claim for the purpose of using it as an exh...

3. KL v SH [2023] NZDT 367 (14 June 2023) [pdf, 181 KB]

   ...purchase the car had some money owing on it, and a security interest registered to [bank]. 2. The parties agreed that SH would use the proceeds of the sale to pay off the money owing so that the security interest could be discharged. 3. KL filed a claim on the basis that while he had paid the agreed price and had received the car, there was still money owing on the vehicle and the security interest had not been discharged. 4. Prior to the first hearing of this matter on 9 March...

4. TN v N Ltd [2023] NZDT 596 (23 November 2023) [pdf, 149 KB]

   ...invoice in full. 4. TN also says claims that the charging station is not in the correct place and she would like it moved somewhere sunnier, where there is less likely to have slugs enter the charging unit. 5. Both parties have claimed the filing fee. Section 43 of the Disputes Tribunal Act 1988 prevents the Tribunal from awarding the filing fee to a party except in very limited cases, which do not apply here. Therefore, the parties’ claims for the filing fee are not successful....

5. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...doing to be delivered on time. The breach was of substantial character and she was therefore entitled to reject the lehenga. She is entitled to a full refund of the $625.00 deposit. 6. TL’s claim was for $670.00. The balance was the tribunal filing fee. Under s43 of the Disputes Tribunal Act 2008 a party cannot recover the filing fee. Therefore, I cannot award the amount of the fee. Other information 7. EL mentioned there were signs in the shop with its store policy that say...

6. EE v H Ltd [2023] NZDT 280 (10 August 2023) [pdf, 214 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 $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

7. [2023] NZEmpC 91 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 200 KB]

   ...with the documents at issue in both the Authority and the Court. I dismissed WBHS’s application for a sanction, and reserved costs. The parties were invited to discuss costs themselves, and if agreement could not be reached, memoranda could be filed. [5] Mr Halse, advocate for Mrs Hilford, filed an application for costs. In essence, he stated that costs should follow the event, and should be calculated in accordance with the Court’s Guideline Scale as to costs.3 He sought an...

8. KD & SB v W Ltd [2024] NZDT 894 (19 December 2024) [pdf, 192 KB]

   ...floorboards. 4. The applicants claim it will cost more than $50,000 to remove and replace the floorboards however they have reduced their claim to $30,000 to bring it within the jurisdiction of the Disputes Tribunal. 5. The respondent has filed a counterclaim for $10,021.73 which includes $7,009.25 for an unpaid invoice and $3,012.48 for interest on the unpaid invoice. Issues to be determined are: (i) were the floorboards of acceptable quality? (ii) was varnish done so w...

9. SO v TH [2024] NZDT 536 (25 July 2024) [pdf, 235 KB]

   ...ORDER OF DISPUTES TRIBUNAL [2024] NZDT 536 APPLICANT SO RESPONDENT TH The Tribunal orders: The claim by SO is struck out. Reasons 1. SO is a taxi driver. She drives for HU Ltd who is the applicant in [file number redacted], which was heard together with SO’s claim. HU Ltd is part of HT Society Limited. TH is the Chairman of the Board of HT. 2. SO is unhappy about how HT is being operated. In particular she thinks TH is exercising more v...

10. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

    ...(T Ltd) to decide whether the dispute is appropriate for mediation and, if the dispute is not appropriate for mediation, the provider must provide the parties with an exemption certificate under s12 of the FDRA. A party to a family dispute cannot file proceedings in the Family Court unless they have a s12 exemption certificate. If there is no exemption certificate, the parties cannot file proceedings in the Family Court to resolve the dispute, and they must wait 12 months before they can a...