Search Results

1. LZ v I Ltd [2023] NZDT 174 (22 May 2023) [pdf, 178 KB]

   ...I am satisfied that while the gift cards were promotional offers as part of the deal to entice customers, they were not contractual in nature because there was no “consideration” or money paid for their purchase. Because the gift cards did not form part of the contract for the drone and product care, there can be no breach of a contract for failing to return the value of the cards as requested. 12. I further take into account that the promotional cards are called “gift cards” wh...

2. 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...

3. 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...

4. QB v T Ltd [2024] NZDT 243 (26 March 2024) [pdf, 241 KB]

   ...breached the FTA because the discounts it offered on particular services were less than prices it had quoted or advertised for those services. 24. QB says that she was entitled to rely on T Ltd’s brochure price for a helicopter ride, and emailed information about the cost of accommodation, as being a representation of the discount that would be offered on her wedding package if she did not opt for those items in her wedding package. 25. I have already found above that T Ltd’s g...

5. [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...

6. 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...

7. Te Manutukutuku Issue 16 [pdf, 2.7 MB]

   ...justice-delivery mechanisms. The circumstances allow the CCJwp to start from a position of strength, as confirmed by the positive results to date. Maori Grievances and the Private Land Issue Following is an extract from the speech given by John Kneebone, a former president of Federated Farmers, at the Federated Farmers annual conference in May. Mr Kneebone was not speaking as a member of the Waitangi Tribunal. I believe I am here because of your concerns and fears for the security o...

8. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...difficulties were seen to be associated with this process. On 8 December 2015, the Authority, in consultation with the parties, released the Clarkes from their witness summonses and directed them to instead provide affidavits listing which documents requested by the plaintiff they had within their control. They were to categorise them as “in scope”, “privileged”, “confidential, or “out of scope”. This process was analogous to the process for non-party disclosure cont...

9. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

   ...[Mental injury caused by criminal acts, s 21 Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue is a decision of the Accident Compensation Corporation dated 21 January 2020 declining a claim for cover for mental injuries suffered as a result of sexual abuse. [2] The appellant submits that she has suffered mental injury and is entitled to cover. [3] The Corporation submits that the criteria of s 21 is not satisfied by...

10. [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...