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1. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...Ltd’s [vehicle] at an agreed price of $9890.00 including GST. 2. P Ltd claims $4,375.00 for the balance of the unpaid invoice of $3500.00 and collection costs of $875.00. 3. Q Ltd counter-claims $5000.00 as a refund for illegal work performed and to recover the cost of his original factory rims and tyres. 4. The issues to be determined are: a. What were the terms of the contract, and did Q Ltd breach the terms of the contract by failing to pay, or did P Ltd breach the...

2. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...before and after August 2020, he regarded himself as bound by the obligation to make himself available for such overtime. [19] He said he was a member of a relatively small service department. In reality there was no option to decline overtime if requested. To do so would have placed a lot of stress on co-workers. He considered there was “an absolute expectation” that he would undertake this work. [20] Overtime was common on Mondays to Fridays. It was also common on Sat...

3. 2019 archive

   ...legal aid provider application for Queen’s Counsel When court security arrangements prevent signing a legal aid application form Mileage rate increasing to $0.79 per km for invoices received from 5 August 2019 Legal aid invoices review – Updated forms (version 17) Returning Offenders Identifying calls from Legal Aid Services Witness costs Correspondence about Family Violence proceedings Changes to Family Violence Legislation Canterbury Earthquakes Insurance Tribunal proceedings eligible for...

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4. Hearn v Parklane Investments Limited [pdf, 178 KB]

   ...liability or in turn seek indemnity from others. PRELIMINARY ISSUES The Parties First and Tenth Respondents - Woodward Shelf Company No. 1 Limited and Mr Hayim Nachum [3] The first respondent, Woodward Shelf Company No 1 Limited, formerly Boulcott Investments Group Limited, previously known as Parklane Investments Limited (Parklane) was the previous owner and developer of the site on which the property is situated. Parklane took part in some of these proceedings,...

5. 207w-Application-for-assessment-of-financial-means.pdf [pdf, 649 KB]

   MOJ 207 July 24 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you have asked the judgment debtor to complete a financial statement but they have not complie...

6. SX Ltd v RO Ltd [2021] NZDT 1554 (11 August 2021) [pdf, 244 KB]

   ...item. I have also considered the invoicing which I note clearly separates out the proportion of the total cost from the weekly scaffolding charges. 11. I have also considered the evidence of RO Ltd’s witness FF, who gave evidence that they performed the removal of the asbestos roof and then gave evidence that there had been delays due to weather and a Health and Safety stoppage. The witness stated that the scaffolding that was installed under the directions of SX Ltd was utilised dur...

7. EJ v BC [2020] NZDT 1431 [pdf, 215 KB]

   ...there was no contributory negligence on his part. EJ's costs were not disputed and, as they were supported by evidence, his claim is therefore awarded in full. Referee: J Perfect Date: 6 August 2020 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 apply for a...

8. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refere...

9. EN v CQ Ltd [2022] NZDT 51 (17 January 2022) [pdf, 174 KB]

   ...Tribunal orders: GQ Ltd is to pay $495.50 to EN by 5 February 2022. Background 1. EN lives in [Town]. He purchased a second-hand TV from a seller in [City]. The seller assisted EN by arranging transport of the TV with GQ Ltd. GQ Ltd was informed by the seller that the seller was not paying for the transport of the TV and that a final decision about transport would be made by the purchaser of the TV. 2. An invoice for payment was sent by GQ Ltd to EN and the TV was transp...

10. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

    ...allow, and which is a very common and well understood use of a bond in New Zealand. 14. The claim is therefore dismissed. Referee: M Wilson CI0301_CIV_DCDT_Order Page 3 of 4 Date: 29 June 2022 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 apply for a...