Search Results

1. HN v UC & JS Ltd [2023] NZDT 166 (6 June 2023) [pdf, 103 KB]

   ...entrance of the workshop that stated JS Limited. UC said he would urgently provide a photo of that sign, but none was received during the adjournment period. 8. In order for a business to get the benefit of its limited liability status it must inform parties that it is entering into a contract with a limited liability company. On the facts of this case, I find that it was not brought to HN’s attention that he was entering into a contract with a company and not with UC personally....

2. DC v KN [2023] NZDT 309 (22 May 2023) [pdf, 178 KB]

   ...until 25 June 2023. Each were to pay $230.00 per week as their share of the rent. On or about 8 February 2023, KN unexpectedly moved out without notice and stopped paying rent. DC and CI carried on covering the rent in his absence. DC filed a claim in the Disputes Tribunal. 2. This is a claim for unpaid rent in accordance with an agreement between tenants in the sum of $4,600.00. 3. The issues to be determined are as follows: a. Has KN breached a legally binding agreement?...

3. YD & YA v CU Ltd [2024] NZDT 491 (17 June 2024) [pdf, 185 KB]

   ...applicants had to pay $899.00 to replace the motor. CU Ltd could not locate any invoice so did not know whether the motor had been included in the 2018 repairs and whether or not it might be covered by any warranty. The applicants could not find this information from their insurance company or the garage company either. However, CU Ltd thought they might have passed on the invoice to the applicants to pay the garage directly. 6. The applicants bear the onus of proving on the balance of p...

4. Griffiths v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 201 [pdf, 285 KB]

   ...Auckland Hospital, it was confirmed that her baby had passed away. The clinical term for such an occurrence is intrauterine foetal demise. [4] On 9 January 2017, Mr Joshua Garry, Ms Griffiths’ partner, filed an ACC21 advice of an accidental death form, regarding the stillborn birth of his son on 1 March 2015. This form can be used to apply for cover and entitlements relating to an accidental death. [5] The Corporation made a decision dated 17 September 2018 (the Decision) dec...

5. WXY v Attorney-General (Strike-Out Application) [2014] NZHRRT 37 [pdf, 59 KB]

   ...Crown, the Funded Family Care policy enables payment to eligible family members for up to 40 hours of the household management and personal care allocated as part of Home and Community Support Services funding. It is not clear the plaintiffs are claiming they should be paid in excess of the maximum permitted under the Funded Family Care policy, but it is difficult to understand what else could form the basis of a claim of discrimination against them. They, as parents, are not treated dif...

6. DU & HU c/- V Trust v UT Ltd [2021] NZDT 1591 (28 July 2021) [pdf, 105 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 5. DU and HU attended today’s hearing at the [City] Court. UT did not attend, but I am satisfied that it was correctly served with the claim and the notice of hearing. This order is based on the evidence and information before me, as permitted by s42(1) of the Disputes Tribunal Act 1988. Issues 6. The issues I need to decide are: (a) Are DU and HU entitled to compensation for the cost of repairing the wall? (b) Are DU and HU entitled to c...

7. BORA Iwi and Hapii of Te Rohe o Te Wairoa Claims Settlement Bill [pdf, 15 MB]

   ...with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable toss 20 and 27(2) of the Bill of Rights Act.3 Exclusion of remedy of compensation 10. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 11. This clause may be seen to raise the issue of consistency with s 27 (3) of the Bill of Rights Act, namely the right to bring c...

8. IT v UO [2021] NZDT 1578 (11 August 2021) [pdf, 91 KB]

   ...amount originally claimed was only $2,150.00 for this item, I find that he can only recover $2,150.00. 11. The total sum payable is therefore $2,568.10. Referee: E Paton-Simpson Date: 11 August 2021 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...

9. NO v Council [2020] NZDT 1474 (9 December 2020) [pdf, 203 KB]

   ...added. There is therefore insufficient evidence for me to decide that it is more likely than not that chlorine caused NO’s cylinder to fail when it did. Referee: R Merrett Date: 9 December 2020 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 re...

10. UH v EN [2022] NZDT 155 (13 October 2022) [pdf, 195 KB]

    ...that he was acting in trade in the sale and UH accepted that. 9. Because I can find no breach of any legal duty by EN, the claim is therefore dismissed. Referee: M Wilson Date: 13 October 2022 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...