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1. DL v WR & WQ LCRO 39 / 2011 (29 September 2011) [pdf, 91 KB]

   ...which took place, in the end, come down to what each of the parties will accept to settle the matter. To that extent therefore the detail of the figures, although they must have some foundation, will not necessarily be precise. [62] Mr WO had formed the view that after making provision for the earlier commencement of the new lease, the sum of $50,000 represented the best that could be achieved in negotiation. It was certainly a long way from the original sum claimed by the land...

2. [2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [pdf, 342 KB]

   ...how” he had raised his unjustified disadvantage personal grievance.8 [10] I went on to direct that he file all relevant particulars in a single memorandum. I explained that this was so that the defendant, and the Court, could be properly informed as to the allegations Mr Lorigan was making about each of the issues summarised in [33] and [34] of the December judgment. I said that the memorandum which should be filed should follow the sequence of issues raised in those paragraphs,...

3. Howell v Accident Compensation Corporation (Personal Injury) [2023] NZACC 85 [pdf, 347 KB]

   ...pathology”. [3] In the second decision, the respondent declined to approve cover for “sacroiliac joint pathology”. Background [4] The appellant is presently aged 49. She suffered an accident on 13 June 2012, which is described in the ACC claim form as: “I was lifting the topiaries at work and injured my back”. [5] The claim for cover for lumbar sprain and sacroiliac ligament sprain was filed by the Papanui Medical Centre on 4 July 2012. [6] Both of her injuries...

4. HN v FH Ltd [2021] NZDT 1576 (16 July 2021) [pdf, 243 KB]

   ...at @$175 each for a total $525 with FH Ltd (FH) to be an ”On the Water Spectator America’s Cup Match” for Saturday the 13th of March 2021 departing @ 2 pm. 2.The booking confirmation sent by sent by FH to HN gave the following “Key Information America’s cup world series and PRADA Christmas race, PRADA Cup Challenger Selection series (Round Robins and Semi -Finals) Boarding opens at 12.15, please ensure you board the vessel at least 15 minutes prior to the departure time o...

5. KI & XI v T Ltd [2024] NZDT 434 (1 May 2024) [pdf, 228 KB]

   ...acknowledge that the presence of mice in the storage unit is both upsetting and frustrating for XI and KI. However for the reasons given their claim is dismissed. Referee: W Lang Date: 1 May 2024 Page 5 of 5 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...

6. [2017] NZEmpC 159 Stormont v Peddle Thorp Aitken Ltd [pdf, 328 KB]

   ...disclosure of relevant documents. 19 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [62]. [31] It is clear that the plaintiff was put to the cost of responding to requests for further particulars and various documentation, some of which was ultimately able to be dealt with on an agreed basis. I do not accept that the way in which the issue of further particulars was pursued by the defendant justifies...

7. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 KB]

   ...Tribunal Act 1988 only allows for a party to claim a refund of these costs in certain limited circumstances, none of which apply in these circumstances. Referee: K Armstrong 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...

8. DQ Ltd v L Ltd [2024] NZDT 217 (5 March 2024) [pdf, 97 KB]

   ...insurers. Although the name of the insurer was disclosed within that document, L Ltd did not simply notify the Tribunal who the Insurer was as requested. The Registry should not be expected to review all correspondence received by a party to find information. As a consequence of the information not being given within the timeframe and L Ltd not simply informing the Tribunal of who the Insurer’s were and their contact address, It does not appear that L Ltd’s insurers J Ltd have been giv...

9. HC v HT [2024] NZDT 223 (21 March 2024) [pdf, 177 KB]

   ...(DTA) enables the Tribunal to rely on the available evidence. Is HC entitled to the sum claimed? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing – an agreement can be formed verbally or inferred from the parties conduct. 6. HT acknowledged and I accept that $10,000.00 was a loan given to him by HC to help him by his house. However, his position is that he was not required to repay the amount because:...

10. BH v JT [2024] NZDT 65 (17 January 2024) [pdf, 185 KB]

    ...she looked up. JT denies hitting the [vehicle] and says as he drove up [road] he observed a white vehicle ahead of him on the road scrape the [vehicle]. 2. I was impressed by the honesty and genuineness of all parties who provided evidence or information to the Tribunal in relation to this claim. 3. The issues to resolve the claim are: a. Did JT damage the [vehicle] on 16 August 2023? b. If so, what are the reasonable ad foreseeable costs of repairing the damage caused? Did...