Search Results

1. LL & TM v I Ltd & TE [2023] NZDT 730 (7 December 2023) [pdf, 204 KB]

   ...additional $3,450.00 and, when they did not pay that sum, refusing to lower the house onto the new piles. [11] TE said that he had been initially aware that the obtaining of the building consent might take some time. He said that the applicants had informed him that the building consent had been issued in December 2022 and he had subsequently gone to the site on 1 and 2 February and placed the house on metal stands to enable the piling work to be done. His expectation was that the pili...

2. [2014] NZEmpC 30 Austin v Silver Fern Farms Ltd [pdf, 165 KB]

   ...related compensation payments to Mr Austin. The employer continued to assert that the plaintiff was no longer its responsibility and eventually suspended and/or dismissed him because of his incapacity to carry out even the light duties that he had formerly been able to perform. [4] Mr Austin did not raise a personal grievance with the employer within the period of 90 days beginning with the date of his dismissal. Several months later, however, when documents on his personnel f...

3. [2011] NZEmpC 9 Naturex Limited v Rogers [pdf, 103 KB]

   ...settlement conference although the Court has been reluctant to award the costs of mediation under the Employment Relations Act 2000. [21] Judge Shaw went on to note: [16] In Simpson v BB’s New Zealand Ltd, 12 the High Court agreed that a request for costs of a judicial settlement conference was novel. It noted that such conferences are not included in the schedule of costs in the High Court Rules and held that this was a deliberate policy to encourage parties to attend an...

4. Disputes Tribunal Annual Report for 12 months to 31 December 2024 [pdf, 1.3 MB]

   ...that parties who are not confident or able to participate in English are provided with a court-appointed interpreter. The charts below show the top 10 languages for which an interpreter was provided in 2024, and the trends over 5 years. The requests are recorded for each booking. Any proceeding might have more than one booking if there were two or more hearings. Table showing booking requests for interpreters in the Disputes Tribunal, 2020-2024 18 This line grap...

5. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   ...with the bottom plate fixed to the top of the main entry concrete floor slab. This can be seen on photographs taken by the Perrys in about January 1998 [Perry docs. 219 and 221]. 5.7.3 There is a short flight of concrete steps that have been formed in situ against the west wall of this northwest corner. These steps are above internal floor level, and lead to a short path and another flight of steps against the north wall. This leak is caused by water flowing from this path...

6. UN & JI v NB Ltd [2022] NZDT 32 (23 March 2022) [pdf, 164 KB]

   ...OR SUBSEQUENT RESPONDENT LN The Tribunal orders: The claims against the three respondents are all dismissed. Reasons [1] The applicants, JI and UN, claim that the respondents failed in their respective duties to ascertain and inform them, when they purchased a property, that a part of a garage on the property encroached on neighbouring land. The first respondent, NB Ltd, represented by UN, is the real estate agency that acted for the vendor in the transaction; TD was the...

7. [2011] NZEmpC 109 Evolution E Business Limited v Smith [pdf, 229 KB]

   ...plaintiff Defendant in person assisted by Mr Brian Smith JP Judgment: 26 August 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] In this proceeding, the plaintiff (Evolution) seeks an award of damages and other relief against its former employee, Mr Benjamin Smith, for alleged breaches of his employment agreement, in particular, alleged breaches of his duties of good faith and confidentiality. The principal allegation made against Mr Smith is that during the course o...

8. BD v ET [2019] NZDT 1677 (21 November 2021) [pdf, 141 KB]

   ...made the finding in the preceding paragraph, it follows that I also find that ET is not liable to pay the amount claimed. I therefore dismiss BD’s claim. Referee: P Ferguson Date: 21 November 2019 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 or a mistake was made. If you wish to app...

9. LD v LT Ltd [2021] NZDT 1579 (12 August 2021) [pdf, 174 KB]

   ...made in New Zealand), and it is not reasonably free of defects (or of an acceptable finish) in that an edge strip attached to certain end panels is glossier than the adjacent front facing panel surface in her kitchen and creates a visible lack of uniformity across the two surfaces (which catches the light). LD says this should have been avoided by the company by choosing a closer matching strip, in terms of colour and gloss, which she says is freely available in the country. Is it mor...

10. BB v H Ltd [2023] NZDT 10 (5 April 2023) [pdf, 98 KB]

    ...https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312826#DLM312826 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312818#DLM312818 CI0301_CIV_DCDT_Order Page 3 of 4 Page 4 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 app...