Search Results

1. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...asserted breach of natural justice falls within the scope of the Court’s jurisdiction with regard to judicial review. [11] For the purposes of the hearing for the first stage of the application for strike out, a timetable was established for the filing of affidavits and an agreed bundle of documents. Following discussion with Mr Straayer and Mr Cain, counsel for WorkSafe, I directed that the bundle was to contain communications referred to in the statement of claim and the stat...

2. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

   ...resolution, but it was not until the manager of the [City] site found out about the problem that IO Ltd made any offer of compensation. This was after some months of problems and by that time AJ wanted the matter resolved by the Disputes Tribunal. He filed a claim against both IO Ltd and TF Ltd. 2. This is a claim for a remedies under the Consumer Guarantees Act 1993 for breach of the guarantee of acceptable quality, including a refund, consequential financial losses and consequenti...

3. FL & UL v DB [2021] NZDT 1595 (19 July 2021) [pdf, 209 KB]

   ...repair of FL’s near new vehicle was $8358.14. I am satisfied this cost was required to reinstate FL’s vehicle to its pre-crash condition. DB said he had recently purchased his car for $1500 and the repairs needed exceeded this cost. DB has not filed a counterclaim, however as this is a lay person’s court and in order to expedite matters, I allow this sum to be factored in to the final outcome. Clearly DB’s car sustained frontal damage and $1500 is not an excessive amount where re...

4. Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) [pdf, 214 KB]

   ...of their parents disinterred from the cemetery. [8] Mr Towler’s sister, Tania Mullins, also provided a copy of a letter dated 22 March 2013 from a Palmerston North barrister, Glen Mason, addressed to the Manawatu District Council. Ms Mullins filed this letter to provide evidence of some of the background to the present proceedings for succession. In that letter, Mr Mason confirmed that he was acting for Paul, Clark, and Chris Towler and their sister Ms Mullins and that they were s...

5. [2022] NZEmpC 217 Karunanayake v FED [pdf, 191 KB]

   ...[20] Accordingly, she is entitled to the $658.80 (gross), plus interest as awarded by the Authority, all of which has now been outstanding for some time. The Authority also ordered the plaintiff to reimburse the defendant $71.56 for the Authority filing fee. [21] That award (including the interest) and the reimbursement of the filing fee are to be paid to the defendant by the plaintiff within 14 days of the date of this judgment. [22] The plaintiff also filed an applicat...

6. C Ltd & B Ltd v SU [2024] NZDT 28 (1 February 2024) [pdf, 153 KB]

   ...dismantle of scaffolding for the roofing job done by B Ltd. 5. SU has not paid this invoice as he says he understood the scaffolding was covered by the quote given by B Ltd and he has paid the quoted amount in full. 6. The claim was originally filed in the name of C Ltd. After the hearing in this matter started on 29 January 2024 and following on some discussions, DN of C Ltd asked that B Ltd be joined as an applicant to this claim. The Tribunal joined B Ltd and SU indicated that...

7. QT v B Ltd [2024] NZDT 148 (10 April 2024) [pdf, 142 KB]

   ...sites and earthworks on the boundary of the properties. 5. B Ltd carried out work at the property in 2023. QT has paid B Ltd a total of $30,980.67 (in two payments of $13,310.00 on 1 February 2023 and $17,669.67 on 13 March 2023). 6. Since he filed his claim QT has refined his claim. The issues to be resolved are: a. Was QT liable to pay any extra plumbing costs incurred by B Ltd in relation to the sewer sleeving? b. Was B Ltd liable to pay for a camera inspection of the sewer...

8. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...regard to the fact that WG did the initial demolition work that had been needed before he began any CI0301_CIV_DCDT_Order Page 4 of 5 construction work, and DK was therefore relieved from doing that. I have not allowed the Disputes Tribunal filing fee, as the Disputes Tribunal Act 1988 does not provide for that cost to be reimbursed. [21] Thus, in total, WG must pay HK $3,071.25. [22] It follows that WG’s claim is dismissed. Referee: C Hawes Date:...

9. WHT - Application form for multi-unit claims [pdf, 355 KB]

   ...Stand-alone dwellings may still be part of a multi-unit complex. For example a house on a cross-leased section may be considered to be part of a multi-unit complex under the Act. There are restrictions on single unit holders in multi-unit complexes filing claims with the Tribunal if other units in the complex are also leaky homes. Note 3 (Section 3) You must include the full legal names and addresses of all the parties or respondents you wish to bring a claim against. You must include...

10. SC v N Ltd [2023] NZDT 467 (23 August 2023) [pdf, 121 KB]

    ...October 2016, N Ltd issued an invoice to Q Ltd seeking commission on the sale. Q Ltd denied that any commission was owed to N Ltd. N Ltd withdrew its invoice and has taken no further steps to recover commission from Q Ltd. 16. On 19 December 2019, SC filed a complaint with the [Professional Body] about QZ’s conduct in respect of the purchase. 17. The [Professional Body] Disciplinary Tribunal conducted a hearing on 16-17 March 2021. On 28 June 2021 the Tribunal released its final d...