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1. NU v TE [2020] NZDT 1402 (25 November 2020) [pdf, 94 KB]

   ...NU’s loss? Did TE misrepresent the condition of the vehicle prior to or at the time of purchase? 3. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious,...

2. Family-Fixed-Fees-Schedules-July-2020-Updated-18-December-2023.pdf [pdf, 473 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity Fe...

3. DQ v CC [2024] NZDT 22 (28 February 2024) [pdf, 192 KB]

   ...consider repair costs further and I dismiss the claim. Referee: J Costigan Date: 28 February 2024 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...

4. NB v U Ltd [2023] NZDT 310 (9 June 2023) [pdf, 211 KB]

   ...impact of the smashed window and/or glass pieces left in the door frame, could have affected the operation of the window. 8. When asked specifically about the timing of the window stopping working immediately after the break-in,LT gave no detailed information to support his stated view that the fault was unrelated to the break-in. 9. Given the compelling inference to be drawn from the timing of the window control failure immediately after the window was smashed, I do not consider...

5. S Ltd v D Ltd [2024] NZDT 850 (14 November 2024) [pdf, 92 KB]

   ...Ltd during the hearing, KB queried whether in fact the cable in question is ‘ruggedised fixed fibre service lead’ or one of the other types of table listed, half of which have a minimum cover requirement of 450mm. 8. In any event, on the information and evidence available, I find that D Ltd has not provided sufficient evidence to prove that S Ltd breached its duty of care because there is no evidence as to whether there is any variation in expected or reasonable practice depending o...

6. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...that she is entitled to any compensation for reasons which include the following: a. The terms and conditions of the contract between L Ltd and B Ltd for the provision of card payment services are contained in three documents; the application form signed by the customer (L Ltd), the B Ltd Merchant Services Terms and Conditions document, and the B Ltd Merchant Operating Guide. Part of the application form requires the customer to agree to the other two documents (as well as some others...

7. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

   ...is absolutely necessary. The defendant (Mr Kerr or the defendant) had been employed as General Manager of one of the plaintiff’s wholly-owned subsidiaries, Air Nelson Limited. On 4 February 2013, Mr Kerr gave notice of his resignation. He informed the plaintiff that on 5 August 2013 he intended to commence employment with Jetstar Airways Limited (Jetstar) in the position of Head of New Zealand. Since his resignation, Mr Kerr has served his notice period on what is called “ga...

8. Dotcom v Crown Law Office (Damages) [2022] NZHRRT 7 [pdf, 195 KB]

   ...3 [1] This proceeding has been remitted to the Tribunal by the Court of Appeal for reconsideration of the issue of damages in respect of the interference with Mr Dotcom’s privacy by the wrongful transfer of his information privacy requests. See Dotcom v Attorney-General [2020] NZCA 551, (2020) 12 HRNZ 314 at [113]. THE CONTEXT [2] The circumstances of this case have been set out at length in the Tribunal’s original decision delivered on 26 March 2018 (Dotcom v Crown

9. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...he did, it is apparent that Mr LS was doing no more than that: protecting and promoting the interests of his client, [Company A]. [58] I see no grounds which could persuade me to depart from the Committee’s decision. Costs [59] Mr LS had requested that he be provided with opportunity to make a submission on costs. [60] I do not propose to seek submissions on costs. [61] Mr FZ is correct when he notes that it is uncommon for the Review Office to make an award of costs agains...

10. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

    ...concerns” about the trust. [14] Mr GL subsequently raised queries about the deductions made by Mr BT from the sale proceeds of his [suburb b] property. He queried the exchange rate. He said $32,297.07 was owed to him by the trust. He requested a breakdown of $52,650 deducted for “legal and administrative costs”.6 Complaint [15] Mr GL lodged a complaint with the Lawyers Complaints Service (LCS) on 26 March 2018 on which he elaborated in subsequent communications to t...