Search Results

1. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...named in the final order, she had an equitable interest in the outcome given a subsequent potential liability to indemnify ZUE for her share. For these reasons, it was to her benefit that she was able to participate to the extent she did, and she requested that she be entitled to do so. [39] In summary, ZUD is not able to claim her legal fees of $350.00. Conclusion [40] For these reasons, an order has been made for ZUE to pay AFS and AFT the sum of...

2. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...notes of a telephone conversation on the following day between the Clerk-Assistant and Crown counsel, Mrs Roanna Chan, about the matter. [23] On the following day, 18 September, the Clerk-Assistant e-mailed Crown Law “a refined draft” with a request that the earlier draft document be disregarded. I refer to this as the second preliminary draft. It appears that the plaintiff was then unaware of these interactions between the Clerk and Crown Law but it is not surprising that the...

3. BD v ED [2020] NZDT 1383 (17 December 2020) [pdf, 180 KB]

   ...using, and messages between the parties. 5. ED states the he had no issues prior to selling, the meter was calibrated in Australia and he never had readings that were more than a couple of % out. He also states his advertisement was based on this information and the meter was in excellent condition. ED also told the Tribunal there is variability between all meters. 6. There is no independent evidence to strongly support the allegation that the meter was reading well below what it sh...

4. DN v IL Ltd [2023] NZDT 644 (8 November 2023) [pdf, 200 KB]

   ...these issues do not relate to this claim, and I cannot consider them when finalising the order. I hope this will bring the matter to a conclusion for the parties. Referee: P Goddard Date: 8 November 2023 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...

5. ZX v UE [2024] NZDT 546 (6 August 2024) [pdf, 104 KB]

   ...2. ZX must prove her claim on the “balance of probabilities”. That means that ZX must prove that “it is more likely than not that” UE breached The Contract and Commercial Law Act 2017 section 35. 3. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. In other words ‘an exchange of promises’. 4. UE made and offer to sell his car to ZX and ZX accepted the offer. At that point the parties entered into a

6. Waters v Alpine Energy Ltd (Discovery No. 2) [2015] NZHRRT 7 [pdf, 73 KB]

   ...which the letter was sent. Otherwise the letter is to be released to Mr Waters in its entirety. Letter of acceptance dated 23 April 2012 from Mr Carter to Alpine Energy [25] In this letter Mr Carter accepted the offer made by Alpine Energy but requested that consideration be given to various personal matters affecting the terms of employment. As those matters are not relevant to the proceedings they are to remain confidential and are to be redacted. [26] However, in paras 5 and 6...

7. [2022] NZEmpC 33 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi [pdf, 311 KB]

   ...[39] On 2 February 2022, the parties attended mediated bargaining, at which the PSA tabled a settlement proposal which included a number of “outstanding issues”. They have been described in the evidence of the parties in this way: (i) A request for a salary increase of $5,800 which matched that provided to nurses/midwives who had received $4,000 of that increase as a “pay equity adjustment”. (ii) A request for a lump sum payment of $7,600 of which $1,600 related to the...

8. Waitangi Tribunal - issue 54 of Te Manutukutuku [pdf, 353 KB]

   ...librarian at TVNZ, working for three years as a news video researcher. Rachel has a Bachelor in Fine Arts degree in film from Canterbury and a Masters degree in library and information systems from Victoria. Her job is to respond to information requests and to maintain and develop the Waitangi Tribunal library facilities. Rachel says she is enjoying working alongside the team at the Waitangi Tribunal. T e M a n u t u k u t u k u 7 Rache l Ker r “It is pleasing to welcome someone...

9. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...a supplier will carry out its services with reasonable care and skill (section 28, CGA). 9. I find that RCL’s advice to NQ that it was prudent to proceed with settlement on 24 July 2020 was provided with reasonable care and skill given the information RCL had been provided about the outstanding issues identified at the pre-settlement inspection. RCL had been sent a number of photographs of the different issues, none of which appeared to be a valid reason to delay settlement in that...

10. QN v HO B Ltd [2023] NZDT 236 (22 May 2023) [pdf, 227 KB]

    ...the letterbox standing behind it; and a long fence to the left of the driveway which ran the width of the Property between the driveway and the neighbour’s fence on that side QN had the Property insured with B Ltd. 2. On 30 April 2020, QN was informed by a tenant at the Property that there had been an incident the night before when someone crashed through the Fence and damaged it. 3. QN lodged an insurance claim with B Ltd regarding the damage to the Fence. B Ltd paid out QN for t...