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1. IW v CZ [2024] NZDT 498 (29 May 2024) [pdf, 202 KB]

   ...in touch with her (since her details were not recorded on the TCR). KF confirmed that she did not know CZ prior to this incident and said she had been taking her daughter to sports practice that day and her daughter was wearing a [sports club] uniform. KF was later contacted by members of the club telling her that CZ had provided the photo taken at the scene to the Club’s Facebook page to request assistance with identification of the witness/es and contact details. 17. The above ex...

2. Broome v Auckland Council [2017] NZWHT Auckland 1 [pdf, 328 KB]

   ...488. 27 [121] I do not consider that the Council’s 17 January 2006 letter to ASA was a generic request for information. Its purpose was to decline ASA’s request for approval of Dampfix as a waterproof membrane. It stated that until the requested information was received and satisfied the Council’s requirements, Dampfix was not approved. [122] Mr Turner has given evidence of the Council’s attitude to LAMs. There is independent evidence to show that during 2005 and...

3. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...contents suffered damage. [3] The cost of the water damage was estimated to exceed $100,000. 2 [4] The insurer of the home refused to provide cover. The insurance company providing cover for the construction work would not respond to Mr ZW’s requests to provide cover. [5] Mr ZW also encountered difficulties with the scaffolding company that had erected the scaffolding. The company refused to repair the damaged scaffolding unless Mr ZW paid them a sum of $5,510.80, together...

4. [2011] NZEmpc 122 Chen v BancLogix Limited [pdf, 106 KB]

   ...technical skills are limited. I found stressed in handling technical work. I even feel harder in handling interpersonal disputes. I feel tired both physically and psychologically, and I am unable to continue to work for BancLogix anymore. I request to resign from the work in BancLogix. Thank you. Frank Chen The disadvantage grievance [10] Mr Liu replied to Mr Chen’s resignation e-mail saying that he would still like Mr Chen to return to the office and explain his beh...

5. Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 57 Takitimu MB 1 (57 Takitimu 1) [pdf, 356 KB]

   ...negotiations; and by agreement dated 19 December 2013, agreed, in principle, that Ahuriri Hapū and the Crown were willing to enter into a deed of settlement. 3 [9] On 19 December 2013, the Crown and MAI signed an Agreement in Principle which formed the basis for the Ahuriri Hapū Deed of Settlement which was initialled on 19 June 2015 and signed on 2 November 2016. 4 [10] Ahuriri Hapū have, since the initialling of the deed of settlement, by a majority of 76 per cent, ratifie...

6. [2012] NZEmpC 192 Sayers v S B McPherson Holdings Ltd [pdf, 71 KB]

   ...report the accident to his employer, the respondent. In essence, he alleged that he understood the respondent’s policy was that he did not need to report minor accidents and that he had discretion as to what should or should not be reported. He claimed to have formed this view based on what he said was ‘common knowledge’ and on certain instructions that had been given to him by his predecessor, Mr Graham Rubick. [8] After an investigation, Mr Sayers was informed on 17 Novem...

7. ET v DG [2022] NZDT 46 (23 May 2022) [pdf, 105 KB]

   ...had not waived payment, I would be unable to find an enforceable contract between the parties. An agreement is only legally enforceable as a contract if the parties intended it to give rise to legally binding obligations. Taking into account the informal nature of the arrangement, the personal relationship between the parties, and the uncertainty of the terms (such as how much DG was to pay in total and when ownership would be transferred), I find that the parties only ever intended to mak...

8. EF v CQ & BQ [2022] NZDT 233 (29 November 2022) [pdf, 105 KB]

   ...do not allow the full cost of a new tub because the test for damages is the cost of an equivalent age and type of tub that is in “reasonable working order”. The cost of a new tub was $670.86+GST and in the absence of any second-hand tub cost information, I set the cost of an older second-hand tub that works for hot and cold water at $200.00. Kitchen tap 10. The claim about the kitchen tap is that its handle is shredded and therefore moves about loosely in its fitting. During the...

9. M Ltd v J Ltd [2022] NZDT 272 (20 December 2022) [pdf, 196 KB]

   ...little holes were not part of the original design of the retaining wall. 9. In conclusion, the claim against J Ltd is not proven therefore it is dismissed. Referee: Sara Grayson Date: 20 December 2022 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 re...

10. MI v JN [2023] NZDT 417 (24 August 2023) [pdf, 199 KB]

    ...22 November that he had sold the goods to someone else, and despite MI’s objection, refused to proceed with the sale. In doing so, I find that he breached his obligations and repudiated the contract by making it clear that he was not going to perform. If so, what is the remedy? 9. The remedy for breach of contract is to place the affected party into the position that it would have been in had the contract been performed. This is called expectation damages. Also, section 193 of...