Search Results

1. NC v X Ltd [2024] NZDT 274 (10 May 2024) [pdf, 205 KB]

   ...conducts audits and has processes in place to ensure this does not happen, however with any manual system, it is possible mistakes are made. KB considers it unlikely all previous orders of this product were expired. NC had asked for batch number information however KB states that although their distribution warehouse may have records of batches received, there is no system to identify what batch was sold to a particular customer. KB stated this is the same for all retailers. I accept t...

2. CU & LU v QD Ltd [2024] NZDT 660 (21 August 2024) [pdf, 186 KB]

   ...functional driveway. For this reason, I find the amount that is reasonable is $13,725.25. Referee: C Murphy Date: 21 August 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...

3. YT v CU Ltd [2024] NZDT 669 (23 July 2024) [pdf, 96 KB]

   ...alerted her to the problem or dealt with it earlier. No breach of contract has been proved, so the landlord’s claim against the manager must be dismissed. Referee: E Paton-Simpson Date: 23 July 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 reh...

4. ET v QC [2024] NZDT 813 (20 November 2024) [pdf, 149 KB]

   ...Respondent’s car was behind the give way line on [Road 2] at the intersection at the time of the collision. Accordingly, I am unable to find in favour of the Applicant. Referee: CD Bennett Date: 20 November 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...

5. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...PRELIMINARY [1] It is alleged that Ms Hill, the adviser, used an unlicensed employee within her office, her life partner, to engage with her client, the complainant, and also to do immigration work that only a licensed adviser is allowed to perform. Furthermore, that she was negligent in permitting incorrect information regarding the complainant’s work experience to be provided to Immigration New Zealand. [2] The essential issue to consider is one of credibility, being whether Ms...

6. EMPC - Pro bono assistance service application [pdf, 296 KB]

   Employment Court Pro Bono Assistance Service Application Form Information for applicants – please read before completing this form This form is for people who are representing themselves, or are represented by others who are non-lawyers, in employment proceedings before the Auckland Employment Court. The Employment Court Pro Bono Assistance Service (the Service) provides free assistance with preparation and filing of the initial Court documents (either a Statement of...

7. Geary v Accident Compensation Corporation [2013] NZHRRT 34 [pdf, 293 KB]

   ...INTRODUCTION [1] This case is about two information privacy principles. First, the principle that where an agency holds personal information about an individual, that individual is entitled to have access to that information (Principle 6) and to request correction of the information. Second, the principle that an agency which holds personal information cannot disclose that information unless the agency believes, on reasonable grounds, that disclosure of the information is permitted by...

8. NN v TU Ltd [2019] NZDT 1433 (21 February 2019) [pdf, 189 KB]

   ...that TU Ltd was justified in towing her vehicle? 5. NN has provided evidence that proves both that she had purchased the required ticket and returned to her parking spot before it had expired – this is not disputed by TU Ltd. The contract formed by the combination of signage at the site and NN’s of terms and conditions by purchasing the ticket, includes the requirement that the ticket be displayed in a visible location within the vehicle. NN says she placed the ticket on the das...

9. KI v MA [2023] NZDT 385 (23 August 2023) [pdf, 92 KB]

   ...this was to be paid on the moving date. However, as the applicant did not pay the bond, no consideration for the contract was paid before the respondent withdrew the offer. c. The parties had not reached a state where both parties had intended to form legal relations on clear and certain terms. If so, did either party breach the contract? 8. As I do not find that there was a contract between the parties, there is no need for me to consider this issue. What payments, if any,...

10. KL v LT [2023] NZDT 244 (26 June 2023) [pdf, 196 KB]

    ...contract. For a contract to come into existence the elements of a simple contract must exist. The relevant elements are offer, acceptance, consideration (an exchange of values), and an intention to create a legal relationship. 5. A contract can be formed in writing or verbally. It is always easier to make a finding about what parties have agreed when they have put their agreement in writing. 6. KL says that in the period from 2016 to 2022 he advanced money to LT as an interest fr...