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1. [2022] NZEmpC 103 Pilgrim v Attorney-General [pdf, 230 KB]

   ...in certain circumstances when it is in the interests of justice to do so. [7] Rule 12 specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the order...

2. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...workshop submitted that it had a right to detain the Polaris until its invoices were paid. There was no evidence of an express contractual lien, but the common law recognises a worker’s lien, which applies where someone has improved goods by performing work on those goods. The lien allows the worker to detain the goods in order to obtain payment of the charges for that work. It does not allow the goods to be detained to obtain payment for different work on different goods. Therefore, it...

3. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...other consideration provided, or both, as the case may require’. 17. Accordingly, I find LF and SF are entitled to a refund of $17,145.60 and an order is made. Referee: DTR Goddard Date: 10 May 2023 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 rehe...

4. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

   ...Consequently I find that NH is entitled to a refund of $8000.00. I also find that he is not liable for the balance of $2650.00, so US Ltd’s claim is dismissed. Referee: G.M. Taylor Date: 16 September 2021 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...

5. NT v J Ltd [2023] NZDT 489 (26 September 2023) [pdf, 183 KB]

   ...require a meal, and a warmer top, while waiting in [Town 2] for the next bus, and given the delay to rest at the backpacker, rather than at the bus station; and c. I also accept that her stress was aggravated by the 4 month delay in responding to her formal complaint. 10. I accept that the company has paid $170.00 in good will, but I do not accept the company’s position is that it has effectively provided $241.00 in compensation, being the replacement bus trip valued at $79.00 pro...

6. HI v HD Ltd [2023] NZDT 85 (15 March 2023) [pdf, 105 KB]

   ...HF Ltd did not act with reasonable care and skill. HF Ltd is not responsible for any compensation claimed by HI and the claim is dismissed. Referee: Souness - DTR Date: 15 March 2023 CI0301_CIV_DCDT_Order 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 rehe...

7. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...were reasonably fit for purpose. 25. For these reasons I find that BG has not proved her claim and it is dismissed. Referee: K Johnson Date: 02 September 2024 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. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...contract which was made in writing; is clearly expressed to be at owner’s risk; and is signed by the parties. 9. For the avoidance of doubt, I accept: a. “in writing” and “signed” in this case refer to completion of an online booking form, which was completed by IC’s wife ND on the family’s behalf; b. for the purposes of the CCLA I am satisfied the steps necessary to complete the online booking in the sense that items are ‘written’ or ‘signed’ doe...

9. EN & JE v TT & EH [2024] NZDT 754 (5 November 2024) [pdf, 98 KB]

   ...therefore made for one week of rent. Are EN and JE entitled to be refunded the full amount of the bond? 8. The parties agree that it was EN who paid the money that was used for the bond. EN showed that it was noted on the tenancy bond lodgement form that he had contributed $2,720 and his partner had contributed $2,720, however, TT and EH were noted on the bond lodgement of having not paid the bond. EN said that as he had paid all the bond, it should have been transferred to him...

10. SI v B Ltd [2024] NZDT 326 (8 May 2024) [pdf, 136 KB]

    ...[Country 2 for SINI? (c) What is the appropriate remedy? Did SI require an accompanying person to travel in business class with him under the travel insurance policy? 5. The general law of contract applies. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to CI0301_CIV_DCDT_Order Page 2 of 4 be certain and clear. Once the terms of a contract are agreed, both parties a...