Search Results

1. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

   ...he was unable to provide any evidence he had paid any account TH or what the accounts were. 14. From the evidence provided, I find that TH did not engage the services of KX and there was no agreement she would reimburse him for the work he performed. Indeed, it was not KX’s position that TH had engaged his services as a builder. I have therefore considered whether TH has been unjustly enriched at KX’s expense as she has benefited from KX’s expertise for the upgrading of her...

2. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...relapse of her condition and received payments from November 2011 to April 2014 (of $14,164 to $14,816 per month). [9] A condition of the policy, to enable continuation of the payments to Ms Fendall, required her to submit monthly declaration forms, in which she was required to disclose whether she had undertaken any work activities and/or received any income during the period since the previous claim payment. She was also required to declare that her statements were “… true...

3. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...whether they talked about relationship property issues, including clause 4 of the RPA which concerns the “interming[ling]” of separate property “with any share the property”, and estate protection. [94] As noted earlier, Ms DH says when requested by her, the firm was unable to produce any file notes made by Mr MB recording Mrs RS’s instructions, and his advice to Mrs RS. (b) Mrs RS’s statutory declaration, May 2015 (i) Parties’ positions [95] Ms DH similarly c...

4. EN & UN v DW [2022] NZDT 24 (28 March 2022) [pdf, 180 KB]

   ...someone else’s land or causing something else to go onto the land, but rather direct damage. 5. The relevant law is the law of negligence. Put simply, the law of negligence requires a person to adhere to a standard of reasonable care when performing any act that could foreseeably harm others. 6. Every person has a duty to take reasonable care to avoid acts or omissions that you can reasonably foresee would be likely to damage the property of a person, when that person is likely t...

5. KS & MS v TI & ND [2020] NZDT 1596 (13 May 2020) [pdf, 98 KB]

   ...emotional harm. The Fencing Act makes no provision for these claims and therefore I must dismiss this claim for these costs. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: C Murphy Date: 13 May 2020 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to ap...

6. NO Ltd v JL Ltd & SI [2021] NZDT 1342 (19 January 2021) [pdf, 200 KB]

   ...starting point and helpfully suggested some figures at the hearing. I have also had regard to the case of Unison Networks Limited v Nottingham Forest Trustee Limited [2019] NZHC 2280 in support of JL’s position, particularly that the summary of costs information NO has relied on should be considered insufficient. In the Unison case the repair costs claimed were recorded by the Court as being substantiated by material lists, timesheets and subcontractor’s invoices. JL is critical of

7. BE v IC [2023] NZDT 646 (29 November 2023) [pdf, 145 KB]

   ...definition of costs. The claim is not frivolous or vexatious nor has any party unnecessarily prolonged the proceedings. Therefore, costs cannot not be awarded. Referee: Sara Grayson Date: 29 November 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply...

8. IU v TS [2023] NZDT 585 (8 November 2023) [pdf, 164 KB]

   ...the compensation claimed is reasonable given the nature of the damage and the pre-accident value of the applicant’s vehicle. Referee: Hannan DTR Date: 8 November 2023 CI0301_CIV_DCDT_Order Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

9. DN v C Ltd & D Ltd [2023] NZDT 283 (12 July 2023) [pdf, 207 KB]

   ...and he has not appeared or provided any direct evidence to the Tribunal. 2 As stated, K has not appeared at hearing. Page 3 of 4 CI0301_CIV_DCDT_Order Referee: Hannan DTR Date: 12 July 2023. Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

10. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

    ...Richards and A Kirk, counsel for the defendant Judgment: 17 November 2017 JUDGMENT OF JUDGE B A CORKILL What are the problems? [1] This judgment resolves complex issues of disclosure, as raised by Mr Joseph Yu against his former employer, Zespri International Ltd (Zespri). [2] Four main issues are raised for Mr Yu. These are: a) whether certain documents are subject to solicitor-client privilege; b) whether certain documents are subject to litigation privi...