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1. ZQN Apartments TRI 2021-100-001 Procedural Order 9 [pdf, 225 KB]

   ...accepted that an application for removal or strike out should only be made as a preliminary issue where a claim is so untenable in fact and law as to be unlikely to succeed. [12] The Tribunal’s approach to removals has been to consider whether the claims against a prospective party are tenable. In Saffioti v Jim Stephenson Architect Ltd, Katz J cautioned against removing parties at a preliminary stage in circumstances where the claims asserted against them are tenable, but weak.2...

2. Form 23A Fixed Fees A-C [pdf, 304 KB]

   Templates V12 – August 2017 page 1 08/17 form 23a Legal aid file no. Tax Invoice Criminal Legal Aid Fixed Fees Schedules A-C Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Provider number Firm number Court type District Court High Court Court location Details of claim Date activity/...

3. Form 23a - Criminal legal aid - Tax invoice - schedules A-C [pdf, 381 KB]

   Templates V10 – July 2016 page 1 07/16 form 23a Legal aid file no. Tax Invoice Criminal Legal Aid Fixed Fees Schedules A-C Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Provider number Firm number Court type District Court High Court Court location Details of claim Date activity/fi...

4. [2021] NZEmpC 135 Board of Trustees of Southland Boys High School v Jackson [pdf, 195 KB]

   ...those Rules it has been observed that, given the relationship between reg 6 of the Employment Court Regulations and the Rules, the Rules may usefully be applied by way of analogy.1 [4] The Court considers the nature of, and the reasons for, the request and takes into account each of the matters relevant to the request and any objection to the request.2 A balancing exercise of all the relevant factors is required.3 [5] In this case, access is sought prior to the substantive hearing,...

5. BF v BN [2021] NZDT 1412 (1 April 2021) [pdf, 190 KB]

   ...any benefit from, they are not losses directly relevant to the misrepresentation. Consequently, I decline to award any costs under this heading. Referee: Souness - DTR Date: 1 April 2021 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 r...

6. NL v DN & LJ Trust [2021] NZDT 1567 (30 June 2021) [pdf, 190 KB]

   ...December 2020. Therefore, I am satisfied, on the balance of probabilities that NL is not entitled to claim a refund. Accordingly, the claim is dismissed. Referee: L Fuli Date: 30 June 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 a re...

7. BN & UG v EI [2023] NZDT 234 (22 May 2023) [pdf, 176 KB]

   ...the same mistake; and where each party was influenced in their decisions to enter into the contract by a different mistake about the same matter of fact. Further, for s24 of the CCLA to apply, the mistake must have occurred before the contract was formed and there must have been a substantially unequal exchange of value because of the mistake (s24(1) of the CCLA). 16. Having carefully considered the available evidence and information, I am satisfied that no mistake was made by BN and...

8. WHT - Chair's directions for lower value claims [pdf, 174 KB]

   Weathertight Homes Tribunal Chair’s Directions for lower value claims page 1 of 5 CHAIR’S DIRECTIONS (for Lower Value Claims) 1. Introduction 1.1 These directions are effective from 14 September 2015 and are issued pursuant to s 114 of the Weathertight Homes Resolution Services Act 2006 (the Act) and set out the procedure which is to apply to all applications in the Weathertight Homes Tribunal where the amount claimed is under $20,000 (lower value claims). 2. How the...

9. WHT Claims under $20k - Chair's Directions [pdf, 174 KB]

   Weathertight Homes Tribunal Chair’s Directions for lower value claims page 1 of 5 CHAIR’S DIRECTIONS (for Lower Value Claims) 1. Introduction 1.1 These directions are effective from 14 September 2015 and are issued pursuant to s 114 of the Weathertight Homes Resolution Services Act 2006 (the Act) and set out the procedure which is to apply to all applications in the Weathertight Homes Tribunal where the amount claimed is under $20,000 (lower value claims). 2. How the...

10. BD and CD v U Ltd [2023] NZDT 199 (13 April 2023) [pdf, 190 KB]

    ...be reimbursed for the success fees paid while he was a minor. 4. The issue to be resolved is whether U Ltd is entitled to keep the success fees paid by a minor. Is U Ltd is entitled to keep the success fees paid by a minor? 5. A contract is formed when two parties exchange promises that they agree to be bound by. In this case, CD promised he met the membership criteria and U Ltd granted him access to its online auction platform. There is no dispute that CD did not meet the U Ltd me...