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  1. [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...

  2. 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...

  3. [2022] NZACC 8 – N v ACC (20 January 2022) [pdf, 303 KB]

    ...____________________________________________________________________ [1] At issue in this appeal are two decisions of the Corporation dated: [i] 28 June 2019, declining cover for a labral tear; and [ii] 15 August 2019, suspending entitlements on Ms N’s February 2019 claim. [2] Ms N also raises the issue of a possible deemed review in relation to a third review application dated 29 August 2019 that, in her submission, was not sent to review within the legislative timeframe....

  4. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

    ...to the architects engaged to prepare remedial plans and Kaizon Limited was engaged to prepare indicative costings and manage the tender process. Kaizon Limited has also been employed to supervise the remedial work which is being undertaken by Forme. Remedial work commenced in late October 2009 and is ongoing. The claim for remedial work is based primarily on the amounts in the successful tender documents. WHAT ARE THE DEFECTS THAT CAUSED THE LEAKS? [12] Phillip Brown,...

  5. [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...

  6. 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...

  7. NP v LO & Ors [2024] NZDT 687 (26 August 2024) [pdf, 243 KB]

    ...or to allow NP to run a business? e. If there was wrongful termination or a breach, what is the remedy? Who is the contract between? CI0301_CIV_DCDT_Order Page 2 of 5 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine who the parties are in this situ...

  8. Madoc v Accident Compensation Corporation (Revocation of Cover) [2023] NZACC 144 [pdf, 306 KB]

    ...fusion with instrumentation and/or PLIF1 level and L5/S1 spinal stenosis decompression – 1 level. The diagnosis was listed as spondylolisthesis L5-S1 with instability at the lumbosacral junction. [11] On 19 May 2008, PPCS approved the surgery request. [12] On 18 June 2008, Mr Madoc underwent posterior/posterolateral lumbar fusion with instrumentation and/or PLIF1 level and L5/S1 spinal stenosis decompression – 1 level surgery, performed by Dr Hodgson. [13] On 1 July 2019,...

  9. Notice-of-Claim-TCRA [pdf, 2.2 MB]

    For more information visit www.justice.govt.nz/tribunals Taxation and Charities Review Authority TCRA no: Page 1 For more information visit www.justice.govt.nz/tribunals TRA 11/13 - 1 Notice of Claim Taxation Review Authorities Regulations 1998, Regulation 8 In the Matter of [Specify the appropriate Act(s), for example the Income Tax Act 2004, the Income Tax Act 2007, or the Goods and Services Tax Act 1985] Between [Full name, address, and occupation] Disputant And The Commissioner...

  10. BV v JU [2023] NZDT 668 (27 October 2023) [pdf, 181 KB]

    ...Section 42 of the Disputes Tribunal Act provides that where the case of any party is not presented to the Tribunal after a reasonable opportunity has been given to that party to do so, the matter may be resolved by the Tribunal on such evidence or information as is before it. 2. On 22 June BV contacted JU, advertising on [online] under the trading name ‘QT’. JU visited BV on the afternoon of the 22nd to see the house and provide a quotation for house and roof painting. Later...