Search Results

1. KG v D Ltd [2023] NZDT 705 (19 December 2023) [pdf, 176 KB]

   ...loss of the goods. If so, is KG entitled to all or any of the $1,237.00 that is claimed? 8. A party is entitled to seek damages. The object is to place the aggrieved party in the position that would have been occupied had the contract been performed as originally agreed. 9. I am satisfied that the costs to repair the cabinet are reasonable. I find that D Ltd is pay KG $1,237.00. Referee: D Alofivae Date: 19 December 2023 Page 3 of 3 Information f...

2. E Ltd v O Ltd [2023] NZDT 721 (1 December 2023) [pdf, 92 KB]

   ...applicant to prove their claims on a balance of probabilities. Although I have reviewed all the evidence and submissions, I have only referenced what I find necessary to give context to my decision. Did O Ltd breach the contract? 5. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of a contract define the rights and obligations of the parties. 6. A breach of a c...

3. [2012] NZEmpC 139 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 59 KB]

   ...affidavits have now been served upon the defendant’s solicitors and copies of the documents that are described in the IT expert’s report are soon to be provided to the plaintiff and the defendant. The defendant’s solicitors, Norris Ward McKinnon, requested that they be permitted to review all the documents obtained to determine what documents might be subject to legal privilege or any other possible objection to disclosure. Ms Dew indicated that the plaintiff would consent t...

4. BORA Support Workers (Pay Equity) Settlements Amendment Bill [pdf, 222 KB]

   ...the principal Act. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 7. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. Clause 19 amends section 19 of the principal Act...

5. Mollett v Accident Compensation Corporation (Suspension of Weekly Entitlement and Delay) [2023] NZACC 112 [pdf, 263 KB]

   ...refer her for a SPECT CT scan of her back, to look for ongoing inflammation in her facet joints. Dr Armstrong said that, if the bone scan was negative, he would look into her hip as a possible source of her pain. Dr Armstrong stated that he had requested that Ms Mollet’s hip be added to her ACC claim. Dr Armstrong certified Ms Mollet as unfit for work until 1 July 2020. [25] On 29 May 2020, the Corporation asked Dr Armstrong to provide a READ code and side regarding his reques...

6. [2021] NZACC 141 – LM v ACC (20 September 2021) [pdf, 170 KB]

   ...accordance with the dates therein. The application would then be dealt with on the papers. [3] Submissions in support, in opposition and, in reply have been filed. 1 LM v Accident Compensation Corporation [2020] NZACC 145. Background [4] Two claims were determined by Judge Sinclair in her judgment of October 2020. They concern review claims brought by the applicant in respect of decisions made by the respondent under ACR 273/19 and ACR 191/18. ACR 273/19 [5] The applicant...

7. [2014] NZEmpC 8 Nelson v Katavich [pdf, 49 KB]

   ...2013, I held a directions conference with counsel at which it was agreed that disclosure could only be finalised after amended pleadings had been filed. I set a timetable for that to be done and directed that all parties were to respond to the requests for disclosure within 5 working days after service of the statement of defence to the amended statement of claim. 1 [2013] NZERA Christchurch 35. [8] In the course of that con...

8. OD v TD [2023] NZDT 535 (25 October 2023) [pdf, 205 KB]

   ...year term of the tenancy. TD moved into the Property on or about 23 May 2022. 3. During early October 2022, OD told TD that she had decided to leave the Property to move in with her parents. On 6 October 2022, OD and TD signed a Change of Tenant form with the Property Manager which recorded that OD would leave the Property on 30 October 2022 and TD would become the tenant of the Property. The Bond Centre was advised of the change of tenant so that the Bond could be transferred into TD�...

9. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...Group Ltd [2011] NZEmpC 151. explicitly that it should be effective immediately upon being signed by both parties. … [21] Three points can be made about the Penney decision to differentiate it from Abernerthy. First, a contract was formed independently of the involvement of the mediator. Secondly, the mediator’s signature would only bring s 149(3) to bear on the parties. Thirdly, the settlement agreement did not contain a term stating that it be effective only if...

10. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

    ...with NH and FN. 6. The scheme plan utilised the existing fence as a boundary between proposed Lot 1 and Lot 2. 7. Lot 1 faces onto [Address] and it contains the existing house and driveway. Lot 2 is at the back of Lot 1, with access via an unformed right of way over the western edge of Lot 1. In this plan, Lot 2 is 4090m2 and Lot 1 is 4109m2. 8. NH and FN engaged O Ltd (IB) to assist with preparing and filing the resource consent application. They provided a copy of ZB’s plan...