Search Results

1. E and E v IAG New Zealand Ltd [2019] CEIT-2019-0013 [pdf, 192 KB]

   ...SOMERVILLE DATED 18 December 2019 ___________________________________________________________________________ Case stated [1] The respondent (IAG) has filed an application for referral of a question of law. That application, which took the form of a memorandum of counsel, outlined the question of law for which it sought referral and attached a draft case stated. The application was served on the other parties but only the applicants and the third respondent (QBE)...

2. DD & UD v AX & Ors [2024] NZDT 187 (26 March 2024) [pdf, 212 KB]

   ...issued because the boss was angry when he found out their salesperson had given the [courtesy car] to DD and UD without authority. That, of course, is not N Ltd’s customers’ responsibility, and N Ltd’s recognition that hire payment is not due, is formalised via a declaration of non-liability. Are UD/DD liable to pay costs of repair to the [courtesy car]? 20. The circumstances of UD’s collision are such that, in the ordinary course of events, she would be liable to pay for...

3. BE v TT Ltd & Ors [2024] NZDT 838 (18 November 2024) [pdf, 223 KB]

   ...poor condition and needs replacement? b. Did the Respondents misrepresent the condition of the roof? CI0301_CIV_DCDT_Order Page 2 of 5 c. Can BE prove that vendors knew about the poor condition of the roof and have they withheld this information from her? Can BE prove that the roof is in poor condition and needs replacement? 7. BE she hired a builder to replace windows in the property with double-glazed windows in May 2024. The same builder was also asked to clean the gut...

4. EM v JJ [2023] NZDT 254 (17 May 2023) [pdf, 89 KB]

   ...substantial, the purchaser can cancel the sale and obtain a full refund, which the Tribunal so orders. Referee: L. Mueller Date: 17 May 2023 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 rehe...

5. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...Ltd v Mitchell [2010] NZCA 385, [2010] ERNZ 446 at [20]. [43] In my view, Ms Nee should be awarded 80 per cent of her costs; that is $1,800. GST is not payable; nor am I satisfied that a “bureau fee” of $40 for “File and storage, forms, faxes, photocopying and Toll/Cell phone calls” should be the subject of the costs award. Costs with regard to BHPL’s application for leave [44] Mr Ogilvie advised that Ms Nee incurred costs in connection with the application...

6. Thoman v Devi [2014] NZIACDT 26 (17 March 2014) [pdf, 118 KB]

   ...The Registrar filed a Statement of Complaint; the central issue is an allegation that the adviser dishonesty made a claim the complainant was a diesel mechanic in an application for residence. [2] The complainant says the adviser presented this information to Immigration New Zealand without his knowledge. [3] The issue is a very serious allegation as it involves the adviser’s alleged failure to address issues with her client and a claim she made a dishonest representation to Immigrat...

7. Enviro NZ Services Ltd v Accident Compensation Corporation (Work-Related Personal Injury) [2025] NZACC 111 [pdf, 290 KB]

   ...Work-Related Personal Injury, ss 28, 30 Accident Compensation Act 2001] [1] The appellant, Enviro NZ Services Limited (Enviro NZ), appeals a review decision upholding the Corporation’s decision to grant cover for a shoulder sprain suffered by the claimant, Brian Dellow in a work-related accident. [2] Enviro NZ disputes that a work-related injury occurred. [3] The Corporation’s position is that it had sufficient evidence to accept the claim. [4] The Court was informed that Mr D...

8. Brown v Otago Polytechnic and Progressive Enterprises (Recusal Application) [2014] NZHRRT 5 [pdf, 82 KB]

   ...making unfavourable decisions. Mr. Haines adjudication of my complaints amounts to transparent violations of my Civil Rights and the Crimes Act, and therefore it is only fitting that Mr. Haines stand down as adjudicator of my complaints. Mr Brown requested to give particulars of his complaint [11] As it was not clear whether this letter was a complaint in relation to the Otago Polytechnic proceedings (HRRT003/13) or those against Progressive Enterprises Ltd (HRRT004/13) or both, the...

9. 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...

10. DS v VH Ltd [2016] NZDT 898 (11 February 2016) [pdf, 24 KB]

    ...contained in the CGA. However, the issues in dispute are of a contractual nature, specifically whether or not the deposit is refundable. DS claims a refund of the $1,000.00 deposit. Issues [5] The issues to determine are:. a. Was a contract formed when DS paid the deposit and signed the handwritten document, and if so, what was the nature of the contract? b. Was DS in breach of the contract by cancelling two days later? c. Is DS entitled to a refund of the deposi...