Search Results

1. AQ v ZJ [2014] NZDT 562 (16 April 2014) [pdf, 74 KB]

   ...was paid? (d) Did ZJ breach the contract by failing to pay for 32 bales? (e) If so, is AQ entitled to claim $1,710? Law and Decision Was it agreed that 32 bales were to be purchased? [4] The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case, there is some disagreement about how many bales were...

2. [2019] NZEmpC 89 Martinsen v Target International (NZ) Ltd [pdf, 218 KB]

   ...[1] The plaintiff, Mr Martinsen, has challenged a determination of the Employment Relations Authority that found that Mr Martinsen’s dismissal by the defendant, Target International (NZ) Ltd (Target), was justified.1 [2] In his statement of claim, Mr Martinsen refers to a telephone discussion between him and Mr Bielby, the Managing Director of Target, on Friday 14 July 2017. The conversation Mr Martinsen refers to in his statement of claim included a proposal...

3. Cameron - Lot 1 Deposited Plan 15331 (part claim 61) (2019) 54 Te Waipounamu MB 130 (54 TWP 130) [pdf, 320 KB]

   ...register his opposition to the trustee election process and appeared at the hearing on 27 July 2018 to speak to his submissions. Mr MacDonald noted his belief that the AGM and voting process was flawed. [20] Mr MacDonald states that the proxy forms had to be requested from Mr Cameron, but that Mr Cameron did not provide an adequate number. It was also necessary to request 54 Te Waipounamu MB 135 nomination forms as these were not sent out with the agenda. Initially, it appe...

4. [2016] NZEmpC 147 ITE v ALA [pdf, 90 KB]

   ...has raised a number of issues with various invoices and information provided to the Court. [7] Further information relating to various attendances has been filed by the defendant. It accepts that the costs associated with the plaintiff’s requests for information under the Local Government Official Information Act 1987 and the Protected Disclosures Act 2000 can be excluded, together with the costs associated with alternative dispute resolution and communications with the Police...

5. Aitken v Laudermilk [pdf, 78 KB]

   ...best trade practices would be used to complete the work. 8 [24] Given the level of detailing normally provided, Mr Todd stated that it was accepted practice that a builder knew how to construct a flat valley, and if not, they would have requested more information. [25] Mr Todd also says that a designer cannot be expected to be responsible for changes made without consultation after the plans have been prepared. [26] Mr Jones says he had no other involvement in the...

6. Unnikrishnan v Goldsmith [2016] NZIACDT 29 (2 June 2016) [pdf, 177 KB]

   ...[1.2] Ms Goldsmith told the complainant he did not need to declare a drink driving conviction, and submitted a work visa application saying he had no convictions. Ms Goldsmith allegedly provided poor advice, and then provided false and misleading information to Immigration New Zealand. [2] Ms Goldsmith’s response to these allegations is that her advice was correct, and that the complainant did not disclose his drink driving conviction to her. She says the complainant fabricated images...

7. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...A date was agreed for Monday 25 June 2012 which Ms DC states “had to be cancelled because Mr TM would not respond to phone calls or email”.12 Mr TM’s 8 June 2012 letter to Ms DC [26] On 8 June 2012 Mr TM sent Ms DC a letter in which he requested that she respond to 14 questions concerning her representation of him. [27] Ms DC’s reply on 20 June 2012 is largely contained in Mr TM’s complaint and Ms DC’s response to the complaint. The complaint [28] Mr TM’s compl...

8. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...extensive documentation and concluded that the fees rendered were fair and reasonable. • He rejected allegation that the Standards Committee decision failed to address the complaints. • The LCRO should exercise caution when considering a request to revisit the decision of an experienced Standards Committee. • Properly analysed, an appraisal of the revised estimates supported conclusion that all costs were largely in line with estimates provided, the invoice of November 201...

9. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

   ...filed and proceedings that are yet to be filed. Mr Hettig submitted that he did intend to file a substantive proceeding in this Court against ANZ but could not do so as ANZ had not provided a copy of the original home loan agreement which had been requested. [30] Rule 7.53 of the High Court Rules states: 7.53 Application for injunction (1) An application for an interlocutory injunction may be made by a party before or after the commencement of the hearing of a proceeding, whether...

10. [2013] NZEmpC 154 Webb v NZ Tramways & Public Passenger Transport Employees’ Union Inc [pdf, 101 KB]

    ...Froggatt and Cross, were entitled to stand for office in the Union in accordance with its rules. Even if it they were not entitled to stand (which the Union denies), the Authority was correct, upon the defendant’s pleadings, in not acceding to the request for a compliance order. The Union also maintains that the allegation that the individuals concerned were not financial members cannot be sustained on the evidence. Allegations in the amended statement of claim as to fi...