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1. 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...

2. LG v C Ltd [2024] NZDT 518 (22 July 2024) [pdf, 178 KB]

   ...she had incurred as a result. Conclusion 11. As LG has not proven she is entitled to the order that she seeks, her claim is dismissed. Referee: Ms Cowie DTR Date: 22 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 r...

3. FA v HR and others [2024] NZDT 670 (20 August 2024) [pdf, 107 KB]

   ...rather than the $4,513.67 originally quoted, so I conclude that she is entitled to receive $1,415.74 from HR, KX, and WD Trust. Referee: E Paton-Simpson Date: 20 August 2024 1 [1999] 3 WLR 137. 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 r...

4. C Ltd & UC v BO [2024] NZDT 805 (19 September 2024) [pdf, 127 KB]

   ...pre-accident value, towing, storage, assessment costs, and salvage costs are proved in full with appropriate invoices. Therefore, the claim for $5,262.25 is proved. Referee: Sara Grayson Date: 19 September 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. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   ...Underhills and Coca-Cola. On 7 June 2016 both Kane and Tyrone Underhill wrote to Coca-Cola, inviting it to attend mediation with the “Department of Labour” with regard to termination of their “Employment Contract”. On the same day they also requested Coca-Cola to provide them with a statement in writing of the reasons for the termination of their “Employment Contract”. [22] On 14 June 2016 Mr Irvine responded by separate identical emails to the Underhills a...

6. [2017] NZEnvC 198 Lau v Auckland Council [pdf, 292 KB]

   ...which appeared to be intended to scandalise or possibly intimidate the Council's witnesses. At no stage did he present any evidence to address the grounds of the Council's application for security for costs in a substantive way. His first request for an adjournment was completely unsubstantiated. His second request, while accompanied by a doctor's certificate, was made at the last minute in a manner which suggested that it was more a delaying tactic than based on genuin...

7. LCRO 9/2020 SC v KB and ZR (30 April 2020) [pdf, 110 KB]

   ...refer the complaint for early resolution. [8] It would appear to be the case that the complaints were managed through the Early Resolution Process. That process involves a Standards Committee completing an initial assessment of a complaint and forming a preliminary view as to outcome. [9] The Standards Committee delivered its decision on 25 November 2019. The decision issued addressed the complaints made against both Mr ZR and Ms KB. [10] The Committee determined, pursuant to s...

8. [2022] NZEmpC 139 Zhang v Panda Restaurant Ltd [pdf, 205 KB]

   ...D Fleming and S Beshay, counsel for applicant No appearance for respondents Judgment: 9 August 2022 JUDGMENT OF JUDGE K G SMITH [1] Jian Zhang has applied for a freezing order relating to the proceeds of sale of his former employer, Panda Restaurant Ltd, or its assets. [2] The basis for the application is that Mr Zhang has lodged a claim in the Employment Relations Authority alleging that he was required to pay a premium to secure employment with Panda

9. Waitangi Tribunal - issue 67 of Te Manutukutuku [pdf, 1.8 MB]

   ...Tuheitia Paki. Mr Henare has had a long asso- ciation with the public service, hav- ing occupied senior roles in the Department of Māori Affairs, the Iwi Transition Agency, and the Ministry of Foreign Affairs. Having returned home to the North at the request of his people, he has served as general man- ager of the Ngāti Hine Health Trust and chair of the Tai Tokerau Primary Health Organisation. Mr Henare has also been a member of the Northland DHB and the Council of Northtec, and h...

10. Vine v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 007 [pdf, 303 KB]

    ...any communication between Dr Walker and Dr Lim relating to his impairment assessment and a copy of the methods used by both doctors to calculate his impairment rating. The Corporation's letter advised that it did not hold the information requested and invited Mr Vine to instead contact Dr Lim and Dr Walker. The Review Decision [23] On 1 December 2021, Mr Vine applied for a review of the 22 October 2021 decision. The basis of the review was that Mr Vine believed the peer revie...