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1. TG v E Ltd [2024] NZDT 647 (31 October 2024) [pdf, 168 KB]

   ...through no fault of her own, she has not established any basis for E Ltd to be legally liable for the damage. The claim must therefore be dismissed. Referee: E Paton-Simpson Date: 31 October 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 re...

2. KD v BN Ltd [2024] NZDT 348 (23 May 2024) [pdf, 92 KB]

   ...removed from the companies register on 11 October 2023. KD however, said that she still received warrant of fitness reminder notices from BN Ltd and when she had her car serviced as part of the servicing warranty package, it was BN Ltd who freely performed that service. It had obtained the client list from B Ltd, and it appeared to the consumer that it was standing the in the shoes of B Ltd. CI0301_CIV_DCDT_Order Page 2 of 3 6. NN and ES, representing BN Ltd, agreed that BN Ltd...

3. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...which state that “it was... resolved to authorise two family members to sign the lease of the Incorporation to the MacNab family.” [33] On 6 April 2010, counsel for the Incorporation submitted that Mr Marumaru‟s claims were vexatious and requested that the Court strike it out 2 . 1 In support of his position, Mr Bell filed the following: Copy of the Chairman‟s report for the year ending 30 June 2008, presented at...

4. Gardiner v Gorringe (2011) 25 Waikato Maniapoto MB 83 (25 WMN 83) [pdf, 293 KB]

   ...Hearing [25] First Cause of Action: Breach of Contract – Clause 10 of the Lease – s 18(1)(d) of TTWMA [27] Second Cause of Action: Breach of Contract – Clause 8 of the Lease – s 18(1)(d) of TTWMA [50] Informal v Formal Lease? [55] Implied Term in the Formal Lease? [65] Have the Defendants Breach Clause 8 of the Lease? [71] Third Cause of Action: Injury to Māori Freehold Land – s 18(1)(c) of TTWMA [85] Claims...

5. [2020] NZEmpC 81 AlKazaz v Asparona Ltd [pdf, 272 KB]

   ...security for costs. Leave was reserved for the filing of that application and it has now been dealt with.2 Following the allocation of the hearing dates, Mr AlKazaz applied for leave to file further interlocutory applications, which included a request for disclosure of documents. The further applications have also been dealt with.3 Unfortunately, though, the issue of disclosure of documents remains unresolved. Initially, counsel for the defendants indicated that they would...

6. Gilbert v Mulligan - Part 3 Lot DP 3020 and others (Shelly Bay) (2023) 466 Aotea MB 164 (466 AOT 164) [pdf, 487 KB]

   ...Taranaki Whānui following their Treaty of Waitangi settlement with the Crown. 466 Aotea MB 167 [3] Although PNBST received the land at Shelly Bay, through a series of events it became owned by Shelly Bay Taikuru Limited (“SBTL”). SBTL was formed through the amalgamation of Shelly Bay Investments Limited and SBTL, which were and are associated with the property development company, the Wellington Company Limited. [4] The applicants are members of Taranaki Whānui and bene...

7. Application for contempt enforcement proceedings [pdf, 496 KB]

   When should I use this form? This form lets you apply for a court order against the judgment debtor where they have the means to pay the judgment debt but are refusing to do so. Use this form if all the following apply: • you are the judgment creditor • the money owed in a judgment or court order has not been paid • you can show that the judgment debtor has the means to pay the debt but is refusing to do so. For example, a financial statement or financial assessment has been complet...

8. BX & JD v ML [2022] NZDT 283 (30 December 2022) [pdf, 225 KB]

   ...the order. 35. I understand that this has been a difficult time for the parties and their whanau, and I hope that this will bring the matter to an end. Referee: DTR Goddard Date: 30 December 2022 Page 5 of 5 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...

9. Guide to Practice & Procedure 2023 (Te reo Māori) [pdf, 945 KB]

   ...tukuna rā i raro i te mana o Wāhanga 5(9) me (10) o te Treaty of Waitangi Act 1975 E whakakapi ana tēnei Tuhinga Ārahi i ngā tuhinga ārahi e whai ake nei : . ‘Mediation’, 18 Mahuru 1990 . ‘Translations’, 29 Pipiri 1991 . ‘Claim Terminology’, 1 Hōngongoi 1991 . ‘Claim Priorities’, 18 Hōngongoi 1991 . ‘Negotiations and Settlements’, 22 Hereturikōkā 1991 . ‘State Enterprise and Education Lands’, 5 Mahuru 1991 . ‘Procedure’, 1 Whiringa-ā-rangi...

10. Index to the Wai 1040 inquiry [pdf, 1 MB]

    ...Ruakaka, Takahiwai, Maungakaramea, Poupouwhenua, Motutere Island, Te Mahe and Waipu land blocks, and other lands taken for Public Works. Further concerns are coastal lands and the seabed around Bream Bay, fishing rights and mineral rights. The claim requests the return of land, some of which now appears to be in private ownership Status: Consolidated 1.1.0056(a) Wai 504, 1.1(a) Amendment Received: 5 Nov 99 1.1.0057 Wai no: 510, 1.1 Date of SOC: 28 Apr 95 Date received: 09 May 95 Claimant: A...