Search Results

1. GE v G Ltd [2024] NZDT 672 (19 August 2024) [pdf, 114 KB]

   ...was responsible for the loosening the crox nut or that defects in G Ltd’s workmanship caused the leak, I conclude that the claim must be dismissed. Referee: E Paton-Simpson Date: 19 August 2024 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...

2. Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (2016) 55 Takitimu MB 142 (55 TKT 142) [pdf, 187 KB]

   ...the trust employs an accountant at significant cost who participates in decisions even though he is not a trustee. [13] In addition, she argued that the grants for 2016 were the sole responsibility of the accountant who changed the application forms outside of a trust meeting and dispersed the forms to the applicants and received them at his home. Because she thought the accountant was unwell she took the applications with her to review them. Sandra Matenga claims that she then dis...

3. NT & BT v HM [2024] NZDT 694 (20 September 2024) [pdf, 195 KB]

   ...stated “[the horse] is a quality horse with loads of talent. He has competed in Showjumping to 1.15m, Level 1 Dressage and local pc events all with success…”. They considered this meant there was a high likelihood he could return to this kind of form. 2. However, NT and BT say that they have tried all means possible for [the horse] to achieve that potential and contend that HM misrepresented [the horse]’s previous level of success to them. They initially claimed a refund of $...

4. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

   ...XC in a document dated 9 May 2022. The digger remained in N Ltd’s possession while it sourced parts, and eventually repair work was completed. N Ltd’s total invoice, dated 9 May 2023, was for $6,354.30. XC had contacted ON on 16 March 2023 to inform him that defects had been found in the digger, and had requested a contribution to the cost of repairing them. [4] XC said that he had not expected to pay so much to N Ltd, but the costs had increased as N Ltd had found problems with the...

5. [2018] NZEmpC 84 GSTech Ltd v A Labour Inspector of the MBIE [pdf, 285 KB]

   ...OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The Labour Inspector brought an action in the Employment Relations Authority against GSTech Ltd (GSTL) and Mr Sharma, the plaintiff company’s sole director and shareholder, on behalf of a former employee, Mr Kumar. The action spanned a number of claims, focusing on a claim that Mr Kumar had not been paid for his hours of work at the minimum wage. [2] The Authority dismissed all of the Labour Inspector’s claims.1 It did, h...

6. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...intends to rely as an answer to the case as made by the amended statement of claim, it is unnecessary to file a statement of defence to the amended statement of claim. (b) ... [16] After hearing argument on 30 September 2013, I agreed, at the request of Mr Fletcher, to defer the commencement of the hearing until 1 October 2013. I also directed Mr Quigg to serve amended statements of defence to the amended statements of claim before 5.00 pm on 30 September 2013. My order was c...

7. Shankar v Ahuja [2015] NZIACDT 36 (31 March 2015) [pdf, 188 KB]

   ...complying application. [2.5] The complainant instructed Mr Ahuja to complete the renewal of passports and attended to matters to allow him to lodge the application for a second time. [2.6] Immigration New Zealand gave Mr Ahuja time to provide further information relating to passport renewal, which was in his own control as he had the complainant’s instructions to deal with the passport renewals. [2.7] Mr Ahuja, in the face of strict time limits, failed to comply with Immigration New...

8. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...entitled to payment of invoices totalling (now) $3,184.51? d. Is S Ltd entitled to interest and collection costs of $1,537.67? In relation to the invoices, who were the contracts between? 6. Under 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. 7. I find, and the parties agree, that: a. the truck in question belonged to K Ltd and the investigative and repair work on the t...

9. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...take into account BC’s submission that the incident happened in a split second. I also take into account that BC had to hit his brakes causing his wheel to lock and also hit the hazard lights and reversed. There was no other evidence of any other form of warning. 29. For these reasons I am satisfied that it is more likely than not that BC did not give any warning to TH. If not, did TH contribute to the collision? 30. BC said that TH should not have followed him but should hav...

10. A Ltd v X Ltd [2021] NZDT 1661 (14 November 2021) [pdf, 210 KB]

    ...Does the cleaning invoice properly reflect the hours worked? d. Is A Ltd entitled to the $2,650.19 claimed, or to any other sum? What were the terms of the contract between CL and A Ltd? 5. Under 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. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...