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1. [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...

2. S Ltd v TT [2024] NZDT 66 (11 January 2024) [pdf, 180 KB]

   ...receipt of the warranty for the insinkerator. S Ltd explained by email on 11 September that TT needed to register online to obtain the warranty and provided her with the information required to do this. 5. Although TT does not live alone, she requested that S Ltd come and read the serial number from the insinkerator for her. Times were offered by S Ltd on five days when they could do that for her. TT selected one but by the time she replied, S Ltd was all booked up for that time. TT...

3. MC v OJ Ltd [2020] NZDT 1490 (31 October 2020) [pdf, 109 KB]

   ...by weekly classes held in [Suburb]. However due to the announcement of lockdown, beginning with a move to Level 3 on 23 March, the classes could not be held as planned. OJ Ltd shifted some of the course content to an online delivery via Zoom and informed students that practical aspects of the course would be run when the alert level was reduced and in person contact allowed. MC was concerned that she would not be able to participate in the Zoom sessions as she was caring for her young chi...

4. 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,...

5. [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...

6. [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...

7. Respond to a civil claim

   If someone starts a civil claim against you, you need to decide if you want to respond. This is called defending the claim. There are different types of claims. They usually have different fees, forms and time limits. Find out how you can defend a claim in the District Court Find out how you can defend a claim in the High Court Get legal help You can get a lawyer to help you when a civil claim is made against you. If you can’t afford a lawyer you may be able to get: legal aid free community l...

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8. F Ltd v KI Ltd [2024] NZDT 135 (15 April 2024) [pdf, 152 KB]

   ...that whenever possible words are to be given their natural meanings. However, the setting in which the agreement was reached, provides context which allows a better understanding of the parties’ intentions. 9. In this case the context which informs the interpretation of the special condition is: a. a commercial lease which was already in place when the special condition was inserted; b. the condition was inserted due to previous leaks; and c. the condition was inserted contemp...

9. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

   ...window flashings with stucco, but neither that document nor the 4251 Stucco Standard, mentioned turn ups on the end of sill flashings. This requirement was expressly set out in a bulletin BRANZ put out in 1998, but this was in relation to all forms of cladding. The need for stop-ends was not really reinforced, according to Mr Nevill, until a new E2AS1 Third Edition came out in draft form in 2004. [49] Mr Nevill accepted that a lack of stop-ends had contributed to water ingr...

10. CN v NK [2023] NZDT 640 (17 November 2023) [pdf, 185 KB]

    ...arranged by the applicant. In one of these pre-purchase inspections, it was noted that the temperature dial on the dashboard was “broken.” The van’s heating/air conditioning system would only blow cold and not hot air. 3) The respondent informed the applicant that the van’s “stepper motor” would need to be replaced in order for the heating issue to be resolved. The respondent would arrange the replacement stepper motor but that would not arrive in time for the settlement o...