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1. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...that allowed water ingress and that, as a result, the house required extensive remedial work. One of these defects was attributable to the original roofing work. The “kick out” to the ends of the apron flashings 4 were inadequately formed which allowed moisture to drain in behind the cladding. [12] After receiving the assessor’s report, the Austins obtained a report from another building expert, Barry Gill. Mr Gill commented that the inadequately formed kick ou...

2. GU v N Ltd & L Ltd [2025] NZDT 246 (6 June 2025) [pdf, 182 KB]

   ...misuse as noted above. 12. In considering all the evidence I am satisfied that there is no fault with the towbar and the claim is dismissed. Referee: D Terris DTR Date: 6 June 2025 Page 3 of 4 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 r...

3. G Ltd v D Ltd [2025] NZDT 222 (9 June 2025) [pdf, 192 KB]

   ...him and wrote “I just want to address a comment made to [employee] about not getting enough jobs. We made the decision to offer free jobs and paid you for them to help get you started, ensuring you didn’t start from zero. However, you seem to request jobs as if you were employees of ours”. KT promptly responded quoting from the documentation he was provided with, which stated “franchise operators are allocated a number of regular clients to service on joining D Ltd…”. 1...

4. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

   ...the engine returned from its rebuild and subsequent repair with R Ltd with low oil pressure issues. B Ltd paid R Ltd a total of $13,336.69 for their work. SD sent the vehicle to NH in [city], who had extensive engine rebuild experience in high performance environments, to have the engine’s work assessed and repaired. NH provided a report dated 22 November 2023, gave evidence at the hearing on 17 January 2024 and provided a follow-up report dated 16 April 2024 in response to witnes...

5. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...heading. Incorrect and self-contradictory advice 26. BW submitted that UI gave her “contradictory and changing advice” that was “wholly inadequate and nonsensical”. 27. These sorts of criticisms are too general and subjective to form the basis of an argument that UI failed to meet her legal duty to exercise reasonable care and skill. 28. BW’s submissions contain several specific allegations about incorrect or misleading advice: a. In May 2019, UI prepared a let...

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. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

   ...that Mr Hart suffered neck or thoracic sprains during his accident on 31 October 2021. [4] In October 2013, Mr Hart suffered an accident when he was hit by a falling scaffolding pole, causing injuries to his back and neck. [5] An ACC injury claim form was lodged on 21 October 2013 with the accident date given as 11 October 2013. In the claim form, the accident description was: Large scaffolding pole fell onto back, neck, and skull. Still … pain and numbness in hand and shoul...

9. 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...

10. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

    ...NZEmpC 148 at [117]. 2 JP Morgan Chase Bank, N.A. v Lewis (also cited as JP Morgan Chase Bank NA v Lewis) [2015] NZCA 255. 3 Lewis v JP Morgan Chase Bank, N.A. [2013] NZERA Auckland 18. [3] The defendant’s submissions in support of its claims for costs against the plaintiff Robert Lewis are lengthy and comprehensive. [4] First, the defendant JPMorgan Chase Bank, N.A. (the Bank or JPMorgan) says that in view of its success in the Court of Appeal, Mr Lewis should pay it...