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1. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...if there had been. BT explained that he is a builder of some 30 years experience. 9. CL and NN presented a short written statement from HI, the director of D Ltd, who they say is a specialist in retaining and piling work, though no supporting information was presented on his qualifications, experience and/or expertise. HI’s company was contracted to carry out repair work at the property. He writes, “upon removing the concrete pad and fully exposing the foundations it became apparent...

2. QC v N Ltd [2024] NZDT 782 (24 September 2024) [pdf, 108 KB]

   ...to call Z as a witness, nor did he provide any explanation as to what then occurred in relation to the painting assessment. 9. In these circumstances I find it more likely that not that the final product was not reasonably fit for purpose. In forming this conclusion I considered the timing of the purchase, and when the painting was completed, and I gave some weight to the possibility that some minor damage to the paint on the walls might have occurred during the open homes. However, o...

3. [2010] NZCA 56 CA14/2010 Petersons Global Sales Ltd v PB Engineering Ltd Ors [pdf, 33 KB]

   ...property which the Court held did not belong to them. Ground (1) misconstruction of the 2003 agreement [10] Having lost the initial rounds of the patent dispute PPSSL lacked the cash required to continue trading. So Mrs Browne’s company PGSL, formed in late 2002, entered the 2003 agreement with PPSSL to allow the business operated until then by PPSSL to continue. [11] Material provisions of the agreement are reproduced with emphasis added: [1] AGREEMENT SUMMARY The Manufact...

4. Berry & Ors as Trustees of the Burns Berry Trust v Lay [pdf, 301 KB]

   ...Gardens – Unit 8 page 9 of 123 01-Aug-96 CCC issued for retaining wall and drive (AC/95/0899) 01-Aug-96 CCC issued for replacing damaged piles (AC/95/8744) 01-Apr-98 Transfer of Unit 8 from E Berry to Trust 07-Feb-00 E Berry informed Taradale of cracks in plaster and possible leaks 08-Jun-01 E Berry informed Taradale of further leaks 20-Aug-01 Taradale Ponsonby Gardens Limited responded to complaints to E Berry 02-Nov-01 Taradale reports on cracks and deck...

5. 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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6. 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...

7. [2015] NZEmpC 171 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 488 KB]

   ...problems over her hourly rate and leave balances, there were regular errors in her LSG payslips, particularly as to overtime. She said she lodged pay queries with regard to practically every pay period. LSG maintained hardcopies of such query forms, and six only were available for production to the Court. These will be considered later. [60] At this stage, the focus, at least with regard to Ms Alim, was on whether she would transfer off the PRI CEA. There is no evidence that an...

8. 207w Application for assessment of financial means

   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...

9. 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...

10. 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...