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1. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

   ...There is no legal basis to require Q (2021) Ltd or D Ltd to refund C Ltd the purchase price of the trailer. 53. Therefore, the claim must be dismissed. Referee: Nicholas Blake Date: 27 July 2023 Page 6 of 6 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 reh...

2. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

   ...“security interest” (1) In this Act, unless the context otherwise requires, the term security interest— (a) Means an interest in personal property created or provided for by a transaction that in substance secures payment or performance of an obligation, without regard to— (i) The form of the transaction; and (ii) The identity of the person who has title to the collateral; and (b) Includes an interest created or provided for by a transfer of...

3. LCRO 20/2019 OT v GA (25 January 2021) [pdf, 171 KB]

   ...[XYZ] and Mr OT, however, did not accept either of these reconciliations and, although a number of minor matters that had been referred to in the reconciliation documents have now been resolved, the principal issue affecting matters concerning the claim to the oral variation of the ASP remains outstanding. … [32] The claim by [XYZ] and Mr OT to an oral variation of the ASP is described in para [57] of the defendants’ pleading as follows: 57. [The defendant] denies para 57 and s...

4. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...available”. [23] The Committee concluded that Mr YS “acted appropriately in the termination of the retainer” having received the report from Dr EF, who had been appointed by the Family Court, to assess Mrs RC’s mental capacity. (2) Request for Mrs RC’s files, records (a) Mr G, as attorney [24] The Committee accepted that “it was arguable” that Mr YS “was entitled to refuse to provide” Mrs RC’s files to Mr G when Mr G’s conduct, as Mrs RC’s attorney, wa...

5. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...cladding, including chimney, fire wall and barge junctions, were constructed with harditex. The wall between the two houses is of course a fire wall. [27] On 20 September 2002 Europlast Finishes Limited (Europlast) issued a coating compliance form confirming that the polyclad flashings had been installed to specifications. A Code Compliance Certificate was issued by BBC on 11 September 2003. Page | 9 A warranty in respect of both townhouses was issued by Fosroc on...

6. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...the time. The respondent issued four invoices for his work, dated 31 August 2020, 30 September 2020, 30 October 2020 and 27 November 2020. The applicant paid the first invoice. [18] In February 2021, in response to receipt of a statement and request for payment from the firm, the applicant requested that the other three invoices be “put on hold” until his dispute with the Council was resolved, so that the applicant could ascertain what the respondent’s alleged conduct in m...

7. Tane v Accident Compensation Corporation (Personal Injury) [2025] NZDC 36 (27 February 2025) [pdf, 228 KB]

   ...June 2021, a review application was filed against Wellnz’s decisions. 5 [16] On 22 September 2021, Ms Tane’s then advocate emailed Wellnz, noting that Mr Van Nieuwenhuizen had referred to a L5/S1 facet joint injury. The email formally requested that Wellnz issue a cover decision in regard to that diagnosis. In the meantime, the review application for the earlier decisions stood adjourned. [17] On 27 October 2021, Dr Courtenay Kenny, Occupational Specialist, having conduct...

8. Moriori Claims Settlement bill [pdf, 106 KB]

   ...with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Exclusion of remedy of compensation 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

9. Jarvie & Ors v Accident Compensation Corporation (Reviewable decision) [2025] NZACC 41 (5 March 2025) [pdf, 273 KB]

   ...dated 19 March 2018 stating that the Corporation’s letter had not addressed any of the claimants’ concerns. Further, none of the claimants had responded to the letter as they were not sure why they had to provide the additional information requested. [8] The Corporation responded on 10 April 2018 advising: Each situation is assessed on the client’s individual circumstances and needs and therefore information is requested from the client in order for ACC to understand both...

10. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

    ...circumstances, Mr Roy elected to await the provision to him of a copy of the Board’s report to the NZTC which it was obliged statutorily to make “immediately” following his resignation with effect from 11 October 2010. [33] Although Mr Roy did not request the Board to provide to him its reasons for the actions which he says amounted to his constructive dismissal (pursuant to s 120 of the Act), what he did subsequently was tantamount to doing so. From 30 September 2010 Mr Ro...