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1. AEB v ZVT Ltd [2011] NZDT 295 (30 May 2011) [pdf, 59 KB]

   ...defective goods for their market value (Laws of New Zealand Sale of Goods (online ed) at [285]). Decision [9] There was no breach of any condition as to sale by description because, in both deliveries, ZVT Ltd supplied Warrego bricks, as requested by AEB (s 15, SGA). [10] The bricks were fit for their purpose of being used in the construction of a house and therefore complied with any condition as to fitness for purpose (s 16(a), SGA). [11] The goods were of merchantab...

2. [2016] NZEmpC 93 Radius Residential Care Ltd v NZ Nurses Organisation [pdf, 72 KB]

   ...to be heard on Wednesday 10 August 2016, the plaintiff is seeking damages and penalties against the defendants on the basis of alleged unlawful strike action. [2] In an interlocutory judgment of Chief Judge Colgan dated 6 July 2016, issues of requests for disclosure of documents against the defendants were dealt with and resolved. 1 [3] The effect of the interlocutory judgment was that inter-parties document disclosure was not prohibited where penalties are included in the remedi...

3. Gengalo - Tuapou B8 (2004) 85 Ōpōtiki MB 110 (85 OPO 110 [pdf, 207 KB]

   ...any moves to establish ownership through the Maori Land Court; and (g) It is likely that the concrete foundation and septic tank cannot be removed without some damage to the land. In such a case there is a presumption that it was intended to form part of the land. I have found that the concrete foundation and septic tank are fixtures. Therefore there can be no compensation payable to the applicant. Minute Book: 85 OPO 113 This result may seem harsh but the reality is that anyo...

4. Paki - Te Matai Kawana Whanau Trust (2004) 140 Aotea MB 290 (140 AOT 290) [pdf, 1 MB]

   ...of costs. If no agreement is reached, a further Court hearing will be necessary to consider this matter. In the meantime the Court directs that the Te Matai Kawana Whanau Trust funds held by the Westpac Trust are to remain undistributed until the claim for costs is finalised." The Application 4. The application as to the payment of costs pursuant to Section 79 came before the Court on the 12th August 2002 at 118 AOT 242 where the applicant set out in detail the costs that he was...

5. Phon & Anor v Waitakere City Council [pdf, 82 KB]

   ...3 HC Auckland, CIV-2009-404-6348, 15 March 2010. 10. As a consequence at the second case conference Ms Martin, counsel for the Council, requested that further particulars of the claim against the Council be provided as it was unclear as to the allegations being made against the Council. The claimants’ counsel at that conference agreed to file a further report or brief fro

6. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...convictions and imprisonment, s 9(2)(a) 9. In respect of compensation for pecuniary loss , Dr Stevens also recommended that the amounts referred to in paragraph 7 be augmented by payment of: 9.1. Mr Redman's legal costs in bringing the compensation claim (once the amount is finalised); and 9.2. Mr Redman's costs of receiving counselling and therapy s 9(2)(a) over two years and up to a maximum of $21 ,700 including GST, to treat the mental and emotional harm caused by the...

7. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...Rules according to clause 21.1 (sic) Serious Misconduct according to (xiii) and (xvii). I no longer have faith, trust and confidence in you to be employed as a senior caregiver at the Wood. I am terminating your employment as today. You are requested not (sic) discuss this matter with other staff, residents or their family. [27] The meeting concluded at 12.30 pm. At 2.00 pm Ms Williams and Ms Berryman met with the gardener and the notes taken of that meeting were also...

8. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

   ...property or it being on the market. [6] However, under a private treaty dated 9 September 2010 with settlement on 17 September 2010 the property was sold to the tenant by the second respondent. Subsequently, the appellant licensee attempted to claim commission on the basis of the signed Residential Management Authority with reference, of course, to the said clause 8.2 of that document. The Orders of the Authority [7] In a 6 March 2011 decision the Authority (through its Comp...

9. Brown v Christchurch City Council [pdf, 38 KB]

   ...matter needs to go to a full hearing 3. It has been submitted the application concerning Ms Frankland cannot be determined at this juncture. The Tribunal rejects this submission. All relevant matters are before the Tribunal in either affidavit form or in the documents including the sale and purchase agreement. There is nothing to justify the expense of parties continuing in the proceedings if there isn’t sufficient evidence. In this case the fourth respondent was not...

10. Easton v Mayers [pdf, 298 KB]

    ...additional to that specified by the Council and that the work that Mr Pine carried out had possibly saved parts of the building from further decay. [31] Under examination Mr Frame said that he had no direct knowledge from Mr Pine or the Leovs that formed the basis of those parts of his brief referred to above. Mr Frame stated that he had gained the information in his brief about the conversation between Mr Pine and the Leovs from Mr Pine’s brief. [32] Under cross examina...