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1. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...surprisingly, Mr Brookes’ response was that Mr Smalley was entitled to serve a notice and it was prudent of him to do so, given the rejection of his informal attempt to obtain disclosure. It was said that any delay by attempting another informal request would have impacted on Mr Smalley’s preparation and, in any event, HHG did not object to the notice. [37] To disallow this step is tantamount to saying that it was unnecessary for Mr Smalley to seek disclosure of documents tha...

2. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

   ...review its ability to provide support for Ms Shaw’s professional development before commenting that, unfortunately, due to ongoing budget constraints and adequate skilled coverage, the DHB continued to be unable to provide the support requested. [55] Ms Bayles ended her reply by noting she had decided to use Ms Shaw’s specialist skills within the “cath lab invasive service and PCI cover” for which she had appropriate knowledge and experience to the overall benefit to...

3. KT & OX & SX v P Ltd [2021] NZDT 1614 (4 August 2021) [pdf, 164 KB]

   ...pipe that has had to be repaired. The Applicants claim compensation from P for their costs, but do not claim the cost of the new pump motor. 3. The Applicants claim from P damages of $6,200.80 (the Applicants had claimed $6,301.46 on the claim form, but reduced their claim at the hearing), calculated as follows: • $336.19, for the cost of repairing the damaged pipes • $945.39, being a refund of the double-charge regarding the one/three-phase cable (reduced from $1,046.05) �...

4. FD v B Ltd [2021] NZDT 1714 (23 December 2021) [pdf, 152 KB]

   ...Omissions 4.1 The Client acknowledges and accepts that the Contractor shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s); (a) resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Works” 17. B Ltd discovered that it had made a mistake in...

5. ZH v C Ltd [2024] NZDT 17 (10 February 2024) [pdf, 194 KB]

   ...repayment of the $2,400.00 is owed to her because she did not cause the damage. She claims the damage was done after delivering the car to where she was instructed to leave it by C Ltd. 4. ZH claims C Ltd deducted money from her account without informing her that they were going to do so due to damage they found when picking up the car. 5. The issue for the Tribunal to determine is whether there is a breach of the terms and conditions of agreement, Whether ZH did damage to the re...

6. NT v ND & Ors [2023] NZDT 751 (19 December 2023) [pdf, 182 KB]

   ...Ltd has agreed to leave the offer made to NT during the hearing on the table as a gesture of goodwill, I order that R Ltd is liable to pay her $5,000.00. Referee: L Trevelyan Date: 19 December 2023 Page 7 of 7 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 reh...

7. Kīngi v Eru - Whakapoungakau 24 (2014) 111 Waiariki MB 20 (111 WAR 20) [pdf, 146 KB]

   ...to the Registrar, Mr Dowthwaite raises a claim that beneficial owners may have been used to either participate in the last meeting or induced to vote in a particular way by a payment referred to in his letter as an amount of $30. Mr Dowthwaite requests that an urgent investigation be conducted into these allegations. He also refers to the potential if inadvertent involvement of court staff. He says that Mr Kīngi is concerned that the election outcome may have been comprised by this...

8. LL v DD Ltd [2017] NZDT 1453 (12 October 2017) [pdf, 209 KB]

   ...quality if a stool that she used daily resting on the carpet caused a hole to wear in the carpet. Further she disputed that her dog, which is a Maltese puppy, did or could have caused the other bald patches in the carpet. LL claimed that she had been informed that “bonding delamination” was probably the cause of the patches, therefore the carpet was defective. 6. However I am unable to find that there has been a breach of the guarantee of acceptable quality in this case for reaso...

9. KB v MY [2019] NZDT 1390 (29 May 2019) [pdf, 230 KB]

   ...MY is to pay the sum of $11,891.60 (including $700.00 insured loss) directly to J Limited on or before 19 June 2019. (I note that the contents of Mr Y’s counter-claim were heard at today’s hearing even though it does not appear to have been formally lodged – I am not requiring it to be formally lodged because of the liability finding made in this decision) Reasons 1. Ms B and Mr Y were the drivers involved in a collision on N Rd in May 2018. They had both been travelling nort...

10. DM Ltd v GD Ltd [2022] NZDT 188 (30 September) [pdf, 99 KB]

    ...conclude that the landlord is not contractually responsible for the damage caused by the fire, and the claim against the landlord must be dismissed. Referee: E Paton-Simpson Date: 30 September 2022 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...