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1. OLL v NJK [2013] NZIACDT 34 (30 May 2013) [pdf, 127 KB]

   ...New Zealand. [19] Ms OLL then sought to have the $6,500 she had paid through Mr NJK refunded. The money had been lodged with the Public Trust; however only $5,000 was held in trust. On making further inquiries with the institution, Ms OLL was informed that Mr NJK had requested that he be supplied with a quotation for the sum of $6,500, which was $5,000 for tuition fees, and $1,500 for commission he was to be paid (but not disclosed). He later obtained an invoice for $5,000 which was t...

2. KM v S Ltd [2024] NZDT 624 (16 July 2024) [pdf, 224 KB]

   ...the rate of $250 a night, S Ltd put her in an unsafe and vulnerable situation in breach of S Ltd’s common law duty from Roman times as an Innkeeper because she had to walk around town looking for alternative accommodation. KM also says that the information on S Ltd’s website is misleading. 5. The hearing was conducted by teleconference. KM attended. BT (General Manager) attended for S Ltd Holdings Ltd. Issues 6. The issues for the Tribunal to consider are: (a) Whether S...

3. IU v ND [2023] NZDT 455 (1 August 2023) [pdf, 181 KB]

   ...the same document originally submitted with the claim. 4. Clause 8.3 states that if anything should happen to the horse during the lease period, the Respondent is liable for 50% of the value of the horse, 50% being $15,000.00. No valuation information was provided. The Respondent states that she was unaware of such a clause and her copy contains no such clause. 5. The Respondent was 17 years of age at the time of the contract and was asked to sign it on the spot without seeking...

4. FI v CI [2021] NZDT 1651 (8 November 2021) [pdf, 204 KB]

   ...costs to a party in certain limited circumstances, none of which apply in this case. For this reason, I do not find that FI can claim these costs. Referee: K. Armstrong Date: 8 November 2021 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...

5. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...not become one of the directors of BMW until he took over the business some years later. [40] The contemporaneous notes that Mr Madden made of the initial and subsequent meetings with Mr McTague and the material provided by Mr McTague which formed the basis for the documents prepared at Capon Madden, all show a commencement date for the operations of BMW as 1 June. Further, the cash flow projections provided by Mr McTague to Mr Madden, which showed a substantial turnover for a s...

6. [2016] NZEmpC 77 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 301 KB]

   ...to disclosure of documents about support or funding of Ms Alim’s litigation; those directions were given in interlocutory judgment (No 6). 2 [12] I requested counsel for Ms Alim to consider these issues, and advise whether the requested information was able to be filed and served as soon as possible without further directions from the Court. I said that if this did not occur, then I would consider any necessary application. [13] On 12 February 2016, Mr O’Brien objected to t...

7. UN & QN v U Ltd [2023] NZDT 443 (9 September 2023) [pdf, 212 KB]

   ...January 2022 booking for site 129 be transferred to the following year, January 2023, to which Holiday Park agreed. 5. Holiday Park says its electronic booking system does not accept bookings more than 11 months in advance, so departing guests’ requests are noted on booking request forms and then entered later once the system allows. 6. When UN and QN arrived for their January 2023 holiday, they were allocated a different site to the one requested and not one of the waterfront sit...

8. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   ...continue constructive discussion and a sharing of ideas. At the centre of any major consideration for the improvement of race relations is the Treaty of Waitangi. It marked the beginning of nationhood and lies at the heart of many Maori grievances and claims of injustice.” The President of the Court of Appeal, Sir Robin Cooke, in the Court’s judgment on the case in 1987 arising from the State-Owned Enterprises Act 1986, made the following comment : Impact of Treaty on Government A...

9. Smith v Accident Compensation Corporation (Personal Injury) [2023] NZACC 98 [pdf, 194 KB]

   ...for surgery, and the application was subsequently approved by the Corporation. [11] In 2001/2002, Mr Smith indicated that he intended to apply for backdated weekly compensation. [12] On 30 January 2002, the Corporation provided an application form for weekly compensation to Mr Smith. 3 [13] In February 2002, Mr Smith had a below knee amputation of his left leg. Mr Smith received various entitlements, including funding for modifications to his house. [14] In March 2002, M...

10. [2022] NZACC 4 – CJ v ACC (18 January 2022) [pdf, 219 KB]

    ...Hearing: 13 December 2021 Held at: Auckland/Tāmaki Makaurau Appearances: B Hinchcliff for the appellant F Becroft for the Accident Compensation Corporation Judgment: 18 January 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury caused by physical injury – s 26(1)(c) Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 14 September 2020. The Reviewer dismissed an application for review o...