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  1. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000117 [2012] NZWHT AUCKLAND 41 BETWEEN ROBYN COLEMAN AND PATRICIA BAMFORD Claimants AND AUCKLAND COUNCIL First Respondent AND RONALD ANTHONY URLICH AND JANICE WILMA URLICH (Bankrupt and Removed) Second Respondents AND GRAHAM HAYHOW (Deceased and Removed) Third Respondent AND JOHANNES LAURENTIUS APERS Fourth Respondent Hearing: 19 July 2012; closing submissions 26 July 2012 Appeara

  2. [2022] NZACC 88 – Pol v ACC (12 May 2022) [pdf, 284 KB]

    ...an email to the Corporation, attaching a letter from Mr Pol, dated 25 May 2020. The letter was addressed to the chief executive officer (“CEO”) of the Corporation and listed various complaints about the management of his claim as well as a request for an “out of scope payment” to compensate Mr Pol for the suspension of his weekly compensation in September 2019, over and above the payment of backdated weekly compensation and interest which he had already received. [31] On...

  3. [2016] NZEmpC 172 Twentyman v The Warehouse Ltd [pdf, 234 KB]

    ...June 2016 (heard in Rotorua) Appearances: Plaintiff in person P Swarbrick and M McGoldrick, counsel for the defendant Judgment: 20 December 2016 JUDGMENT OF JUDGE K G SMITH Introduction [1] Ms Barbara Twentyman claims to have personal grievances against The Warehouse Limited (TWL), arising from two incidents she says occurred at work; a shoulder injury sustained while handling a heavy packing case and other health problems caused by inhaling concr...

  4. BMN v Stonewood Group Ltd [2024] NZHRRT 64 [pdf, 324 KB]

    ...office Vicki Chow, Executive Director at Stonewood, removed BMN’s work laptop, personal USB flash drive (the USB) and personal cellphone from his desk at the Stonewood office. One week later BMN’s employment was terminated. [2] Despite requests Stonewood did not return BMN’s personal information that they had collected from him. [3] BMN claims Stonewood has interfered with his privacy by collecting his personal information in breach of the Privacy Act 1993 (the Act).3 [...

  5. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

    ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

  6. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

    ...preceding paragraph, it follows that I also find that EB Ltd is not liable to pay the whole or any part of the amount claimed by D Ltd. I therefore dismiss the claim. Referee: PJ Ferguson Date: 13 August 2019 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...

  7. FB and QB v HD Ltd [2021] NZDT 1445 (10 November 2020) [pdf, 264 KB]

    ...intended to cover the force majeure event. The Court or Tribunal may, if it is just to do so, also allow a party who has incurred expenses before the time of discharge to retain those expenses including any reasonable overhead expenses and any services performed. 5. The issues to be decided can be stated as follows: (i) Did the contract, on its true construction, intend to cover the event in question? (ii) If not, was the contract frustrated? (iii) If so, is it just that HD Limite...

  8. O Ltd v U Ltd & Z Ltd [2023] NZDT 655 (5 December 2023) [pdf, 122 KB]

    ...obliged to provide the truck to O Ltd in any particular condition. It was only obliged to provide a vehicle with a current COF. 1 Section 137(1) CCLA 2 Section 24 CCLA CI0301_CIV_DCDT_Order Page 3 of 4 22. Therefore, the issues that form the basis for O Ltd’s claim for compensation on the grounds of mistake, are the issues that were present when Z Ltd [Town] carried out its COF inspection and that were issues that Z Ltd [Town] should have failed. 23. At the hearing...

  9. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

    ...compensation of $20,273.00. I note that as B Ltd has elected not to ask for a full refund, it is permitted to keep the van, and may opt to dispose of it or repair it. Referee: Sara Grayson Date: 9 August 2024 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 fo...

  10. Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 335 Aotea MB 1 (335 AOT 1) [pdf, 389 KB]

    ...foreshadowed, steps are now in train to improve the integrity of the register, notwithstanding fresh complaints that have emerged about that process. [41] Further proceedings concerning the register seem inevitable. Indeed, as foreshadowed, fresh requests for the review of the registration process have been filed. Those requests will need to be dealt with in due course by way of separate application. Those persons who seek to challenge the review of the register, and the claims...