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1. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...given to any claim to the costs of defending the matter, given that in a Tribunal setting these costs are minimal and contain an element of election. 35. However, as the agent is not liable to the company, and the company has not claimed for any defence costs, the indemnity clause has not been triggered. Therefore, for the avoidance of doubt, an order has been made that the Trust is not liable in the circumstances under the indemnity clause. Conclusion 36. After all aspects o...

2. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   ...Thorp’s in-house accountant) became involved in the financial reporting issues relating to Interiors. Mr Forrest prepared a memorandum dated 2 June 2010 (the Forrest memorandum) for Ms Stormont and Mr Goldie, which annexed a year to date income statement for Interiors. This document excited much attention at hearing. The cover memorandum referred to the statement as a “suggested format for a monthly income statement for INTERIORS”. The statement referred to “[a]dmin is a...

3. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   ...provide false information and that such conduct would be likely to bring the industry into disrepute; and with regard to s.72(c) the issue of negligence or incompetence is raised, namely, that failure to check on the website, given the various advance statements published to the real estate industry, shows that; and with regard to s.72(d) that agents of good standing would recognise the importance of accuracy, and recognise the importance of not providing false and misleading information...

4. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...Services Commissioner is an example of a senior departmental officer. 4 16. As an ICE, the CCRC would not be subject to Ministerial direction on matters of government policy under the Crown Entities Act 2004, including in relation to its statement of intent and statement of performance expectations. The only directions to which it would be subject are whole of government directions or any specific powers of direction that were inserted into its own legislation. We do not propos...

5. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...Dasari) 2 Employment Relations Act 2000, ss 122 and 160(3) and the general objects contained in s 143 of that Act. was its employee. The relief now sought by the plaintiff in an amended statement of claim dated 17 November 2015 is as follows: (a) A finding that the defendant, Mr Dasari, was not unjustifiably dismissed. (b) That the orders for lost remuneration and compensation made by the Authority be overturned;...

6. [2021] NZEmpC 102 Crossen v Yangs House Ltd [pdf, 283 KB]

   ...a claim to minimum entitlements and giving up (or compromising) the rights/ability to pursue that claim? (c) Depending on how those issues are determined, what is the effect of s 131 of the Act? [11] As is evident from Mr Holderness’ statement of issues, there were two strands to the arguments for Mrs Crossen. The first strand was that, properly construed, the settlement agreement had not compromised Mrs Crossen’s claims for statutory minimum entitlements. The second...

7. [2025] NZREADT 19 - HB v REA & Ors (11 June 2025) [pdf, 273 KB]

   ...It is not known what class of licence she held. She is no longer licensed. The manager and third respondent is QD, a licensed agent. The agency and fourth respondent is B Ltd. [6] The narrative set out below is taken from an explanation and a statement of the licensee given to the Authority, as well as the decision of the Committee. [7] The tenant was known by the owner to approach real estate agents from time to time to encourage them to assist him with the sale of the propert...

8. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...compensation and rejecting the claim for special damages. It opposed any increase in the amounts it has to pay. [9] A brief description of what happened is necessary to place this proceeding into context. The challenge was conducted using a statement of agreed facts supplemented by evidence admitted by consent. Employment begins [10] In 2004 the plaintiff was employed as a corrections officer. In September 2009 he began working at the Otago Corrections Facility. At all rel...

9. [2025] NZREADT 10 - CAC 2105 v Chen & Stevenson & Buy West Realty Limited (14 April 2025) [pdf, 379 KB]

   ...reports led to a failure by her to adequately track the advertising and marketing spending for vendors’ properties. She also incorrectly signed a declaration on the transaction reports for the 5 properties concerned, which certified that all statements in the files were a true record of the main dealings that took place during the property transactions. [22] As a result of this, Ms Chen failed to ensure that unspent VPA was repaid to vendors, other than the money she person...

10. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

    ...treatment when he was dismissed for serious misconduct. 1 Nel v ASB Bank Ltd [2017] NZEmpC 56. [3] The first issue is whether the pleading as to disparity of treatment in Mr Nel’s statement of claim (EMPC 257/2016) should be struck out. For ASB Bank Ltd (ASB), Mr Dench argues that as currently pleaded the examples of disparity fall outside the scope of the applicable legal tests. For Mr Nel, Ms Stewart argues that ha...