Search Results

1. LM v JD & TD [2022] NZDT 6 (8 March 2022) [pdf, 224 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. [2023] NZEmpC 111 Lu v Young [pdf, 226 KB]

   ...[2021] NZERA 113 (Member Craig); and Young v Bourson Ltd [2021] NZERA 174 (Member Craig). Court costs, and a stay of proceedings until such time as security, if ordered, is paid. [5] Both applications are opposed. [6] Both parties have filed memoranda (the defendant having also filed a brief affidavit in support of, and in opposition to, the various applications) and are content for them to be dealt with on the papers. Plaintiffs’ application for a stay [7] The only...

3. [2023] NZEmpC 109 MNO v PQR [pdf, 217 KB]

   ...that it will be made subject to further order of the Court. [4] Accordingly, there is an interim non-publication order over the identity of the parties, including their names and any details that would tend to identify them, and over the evidence filed, except as referred to in this judgment. Further, I make an order that the Court file may not be inspected by a non-party without leave of the Court. [5] This issue will be considered again when the application is heard on notice. Ba...

4. W Ltd v Z Ltd [2024] NZDT 251 (19 March 2024) [pdf, 199 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...

5. LT v NS [2023] NZDT 277 (2 August 2023) [pdf, 97 KB]

   ...made repeated demands for repayment plus interest, the applicant claims today this interest exceeds $200,000, but she is no longer seeking any interest, wanting a return of the capital only. CI0301_CIV_DCDT_Order Page 2 of 4 [7] The applicant filed this application on 1 March 2023 some 9 years after the loan was made and approximately 7 years after the first breach. The applicant has no real excuse for this tardiness other than she thought, rather optimistically that the respondent...

6. TL v TF Ltd [2024] NZDT 755 (29 August 2024) [pdf, 165 KB]

   ...indicate that on 5 December 2023, TF stated it would contact their insurer. The subsequent text on 23 January 2024 indicates TF was aware of damage to the TV, scratches on the fridge and the broken bracket for stacking the washer and dryer. 6. TL filed this claim on 31 January 2024 for $18,642.00, claiming for the following items: a. 75” [brand] TV – multiple scratches - $6,000.00 b. [brand] 4-Door Refrigerator – two dings - $4,498.00 c. [brand] Washer & Dryer – dings/s...

7. Wai 3300 2.6.027 Memorandum directions of Chief Judge Dr C L Fox addressing matters concerning the wānanga ā-rohe phase [pdf, 497 KB]

   ...MEMORANDUM-DIRECTIONS OF CHIEF JUDGE DR C L FOX ADDRESSING MATTERS CONCERNING THE WĀNANGA Ā-ROHE PHASE 30 Whiringa-ā-Nuku 2024 Wai 3300, #2.6.27 TEOFILH New Stamp Purpose 1. This memorandum-directions addresses several claimant memoranda filed in response to my directions commencing the wānanga ā-rohe phase for the Tomokia ngā tatau o Matangireia – the Constitutional Kaupapa Inquiry (Wai 3300). Procedural background Commencement of wānanga ā-rohe phase 2. On 1 Oc...

8. Redruth v Dereham LCRO 154 / 2010 (10 November 2010) [pdf, 132 KB]

   ...Mr L who had opined that the case against F had about a 30% chance of succeeding. It is not unreasonable to conclude that Mr S considered Mr L‟s assessment was too cautious. I note that this email was copied to the Applicant, and pre-dates the filing of the proceeding against F. [47] The Statement of Claim was filed on 22 August 2008 and the following month a strike-out application was filed. On 10 October 2008 there was another meeting. Although the Applicant contended h...

9. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

   ...AUTHORITY R Bedford HEARING: 14 February 2013 at Auckland APPEARANCES: M Darke advocate for appellant F Becroft counsel for respondent DECISION: DECISION ON JURISDICTION [1] On 8 January 2009, Mr Wood filed an application for leave to appeal out of time against a review decision issued in 1988, which upheld a 1987 decision of the Corporation to suspend payments of earnings related compensation because his loss of capacity to earn was no longer...

10. Gilbert - Horahora 1A3B (2017) 158 Taitokerau MB 69 (18 TTK 69) [pdf, 839 KB]

    ...order over an area of 2283m² of Horahora 1B4B5B block in favour of the Jerry Gilbert Whānau Trust, for the benefit of Clint Thomas Gilbert. Background Horahora 1A3B - Application for Order in favour of Dean Michael Gilbert [2] Dean Gilbert filed an application on 2 August 2012 seeking an occupation order over an area of 800m² in the block Horahora 1A3B. The area over which the order is sought has changed since the application was filed, and the survey plan completed by Simpson...