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1. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...land or an occupation order. Vaughan is not prepared to consent to an occupation order though he is prepared to 1 23 Whangarei MB 343 (23 WH 343). 117 Taitokerau MB 248 consider some form of occupation licence once the land is vested in him. Sheree says that she is entitled to an occupation order or some other equitable interest in the land as of right. I therefore address the issues in terms of the application for an oc...

2. Central Standards Committee 3 v Hunt [2023] NZLCDT 12 (28 April 2023) [pdf, 278 KB]

   ...Committee Ms A Cupples for the Practitioner 2 DECISION OF THE TRIBUNAL ON PENALTY The perils of acting for both parties [1] This case concerns the difficulties that can be faced by a lawyer in a smaller urban centre when requested to act for both parties in a transaction. [2] The principle that emerges from an examination of Mr Hunt’s conduct and past practices, is that, when faced with the possibility of acting for more than one party to a transaction,...

3. O Ltd v DI [2022] NZDT 67 (29 March 2022) [pdf, 166 KB]

   ...6. DI did not seek further assistance from O Ltd and about a week after the initial contact, O Ltd sent her an invoice for $948.75. O Ltd.’s claim is for the amount of that invoice. 7. The issues to be determined are: • Was a contract formed between the parties? • If so, were services provided with reasonable care and skill by O Ltd? • Is part or all of the invoiced amount payable by DI? Was a contract formed between the parties? 8. I find that no contract was fo...

4. IX v HG [2022] NZDT 224 (23 November 2022) [pdf, 91 KB]

   ...repaired. It is therefore artificial to award IX compensation for repairs which will never be done. 10. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 November 2022 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...

5. NB v B Ltd [2024] NZDT 7 (27 February 2024) [pdf, 88 KB]

   ...mentions the quite severe pain 5 years ago when he was a courier driver and lifted an heavy box. NB says the surgeon’s comments was taken out of context and exaggerated. IFSO refers to the application and the requirement for disclosure. IFSO said the information was material taking into account the musculoskeletal questionnaire and the spine surgeons April 2023 letter. I note his later consultation with his spine surgeon was after he was having problems with B Ltd in relation to his insu...

6. KG v VB Inc [2024] NZDT 10 (15 February 2024) [pdf, 193 KB]

   ...that VB Inc breached a term of the contract, she is not entitled to the compensation she claimed, and her claim is dismissed. Referee: Ms Cowie DTR Date: 15 February 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 rehe...

7. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in which she admitted responsibility for the accident stating in explanation: “Just didn‟t see vehicle”. [4] The police attended the scene and on 11 June 2009, Ms Katz was issued with an infringement notice alleg...

8. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...

9. QS v SQ [2023] NZDT 56 (21 February 2023) [pdf, 187 KB]

   ...paid refunded by SQ? d) Is QS entitled to be paid $150.00 for shoes and food left behind? CI0301_CIV_DCDT_Order Page 2 of 4 What was QS’s and SQ’s agreement when QS moved into the property? 5. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. A verbal agreement can be a legally enforceable contract. Sometimes terms will be implied in a...

10. C Ltd v ML [2025] NZDT 79 (5 February 2025) [pdf, 196 KB]

    ...was done. ML says that given the quote required a 50% deposit that was never paid, no contract was entered into. 15. C Ltd seeks payment of $7199.00 which includes the original $6965.00 quoted works, with the balance reflecting the filing fee as claimed by the Applicant. ISSUES 16. The issues I need to determine are: a) Was there a contract formed between the parties? b) Whether costs can be claimed by the applicant? Was there a contract formed between the parties?...