Search Results

1. BX & Q Ltd v QH & HB Ltd [2023] NZDT 365 (8 June 2023) [pdf, 249 KB]

   ...in relation to the contract. (section 41 of the Contract and Commercial Law Act 2017 (“CCLA”) 21. The cancellation may be made known by words or by conduct showing an intention to cancel, or both. It is not necessary to use any particular form of words, so long as the intention to cancel is made known. (s41 of the CCLA) 22. QH did not make his intention to cancel the contract known to BX until the 24 September 2020. I am not satisfied that his conduct prior to that showed an...

2. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...determination will contribute to costs on review. [111] Mr MV did not challenge the committee’s determination but is left with an unsatisfactory conduct finding on his professional record and a $500 fine. [112] The application for review, and request for a hearing, were made by Mr CJ, as is his right. The review hearing was convened at his request. Mr ZZ submits Mr MV should be ordered to pay Mr CJ’s costs on review. [113] In my view this review could have been determined...

3. [2024] NZEmpC 127 Carrington Jade LP v Grant [pdf, 385 KB]

   ...had been threats of violence from Mr Cotter and Ms Grant, both of whom, it was claimed, had “stormed” into Mr Tan’s office. The plaintiffs said the decision to dismiss was made because of this threatening conduct.26 [42] Later, Mr Tan requested payroll to process Ms Grant’s timesheet as submitted. The Authority recorded that Ms Waters had advised Mr Tan that the time recorded was justified.27 [43] After Ms Grant and Mr Cotter had left Mr Tan’s office, he prepared and...

4. [2023] NZEmpC 218 Carrington Resort Jade LP v Knight [pdf, 146 KB]

   ...defendant was entitled to costs and timetabled an exchange of submissions. On 16 November 2023, the defendant sought costs on a Category 2B basis amounting to $4,302.2 1 Carrington Resort Jade LP v Knight [2023] NZEmpC 198. 2 The amount claimed is less than the defendant’s actual costs. [3] In response, Mr Tan accepted that Category 2B applies but four propositions were advanced that: (a) Carrington had applied in good faith and, even though it was ultimately uns...

5. TQ v OC [2021] NZDT 1620 (26 July 2021) [pdf, 157 KB]

   ...recourse available to him or her. Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 6. A misrepresentation must be untrue and a statement of past or present fact. 7. It is not enough for a party to say that a representation c...

6. HN v N Ltd [2023] NZDT 146 (16 June 2023) [pdf, 212 KB]

   ...ordered to pay $48 to N Ltd by 5pm on 19 July 2023. Reasons: 2. HN had an appointment to see a doctor at N Ltd on 14th June 2022 to obtain a driver’s medical certificate. The appointment went as planned where a few checks were completed, and a form was filled which would assist HN with his driver’s licence. 3. After the appointment, HN was given an invoice for $98 by the reception at the clinic which is the subject of this dispute. 4. HN is of the view that this fee sh...

7. [2023] NZREADT 23 - ZI v CAC 2107 (17 August 2023).pdf [pdf, 178 KB]

   ...dated 2 July 2023) against the decision of 12 May 2023. It was against the second respondent. In the appeal form, the appellant acknowledged being outside the appeal period of 20 working days. [10] At the same time, the appellant filed a “Request for Extension to Appeal Deadline” (undated). She relevantly states: Upon receiving the decision from the CAC, I wrote to my lawyer to guide me through the appeal process. However, despite multiple attempts to contact my lawyer via...

8. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...must approach Mr and Mrs AR’s application for review of the determination of the Standards Committee afresh. The parties [6] The Standards Committee processed the complaint as being a complaint by Mr AR. That is how the complaint application form was completed. The applicants for the review were recorded as “Mr & Mrs AR”. Mrs AR is not a person who could apply for a review as she was not, and had not been treated by the Standards Committee as, a complainant. However, Mr...

9. [2021] NZACC 40 - OBrian v ACC (25 February 2021) [pdf, 329 KB]

   ...Hinchcliff for the Appellant L Hawes-Gandar for the Respondent Judgment: 25 February 2021 RESERVED JUDGMENT OF JUDGE NICOLA MATHERS [1] On 8 December 2017 the Accident Compensation Corporation (“ACC”) declined Mr O’Brian’s request for elective surgery to his right shoulder and also declined the payment of weekly compensation. Mr O’Brian reviewed those decisions and on 8 October 2018 the Reviewer upheld ACC’s decisions. Mr O’Brian now appeals tho...

10. Make a civil claim

    There are many different claims you can start. They usually have different fees, forms and time limits. Find out about the claims you can make in the District Court Find out about the claims you can make in the High Court Get legal help You can get a lawyer to help you make a civil claim. If you can’t afford a lawyer you may be able to get: legal aid free community legal help

    Located in:

    1. Courts >
    2. Civil >
    3. Court process