Search Results

1. TG v ES Ltd [2023] NZDT 11 (6 April 2023) [pdf, 99 KB]

   ...above, claims that it has provided extensive documentation to both the applicant and the Tribunal including evidence of the costs charged including the variations. The respondent submits that it cannot be expected to micromanage cost reporting and the information supplied is sufficient to prove its claim for payment. [9] The respondent admits there have been cost overruns but claims this is due to the very difficult building environment over the last few years and the variations requeste...

2. FG v QP [2023] NZDT 156 (30 June 2023).pdf [pdf, 173 KB]

   ...CLAIM G Ltd The Tribunal orders: The claim relating to the contract for music arrangement is struck out and the counter-claim is struck out; and QP and G Ltd are jointly and severally liable to pay $2928.05 to FG, trading as BN, for performance services, on or before 28 July 2023. Reasons 1. FG provided QP originally with quotations that QP had requested for music medley arrangements for two events he was planning for March 2023. The quotations were accepted, FG carried...

3. Marsden [2012] NZWHT Auckland 2 [pdf, 148 KB]

   ...assumed that the outstanding items were likely attended to prior to 27 July 2001 because of their minor nature and the long delay between the failed and passed final inspections. However it would be just as reasonable to assume that the delay in requesting the further final inspection was because the outstanding matters had not been attended to until late 2001. This is the type of claim therefore that Courtney J was considering when she noted in Turner that determining the built b...

4. D Ltd v L Ltd [2023] NZDT 190 (2 May 2023) [pdf, 168 KB]

   ...for the footings as per the original contract specifications was delivered to site in August and Sept 2021, before a variation for footings came through on 5 Oct 2021. This finding is based on evidence provided at the last hearing by D Ltd in the form of their steel supplier’s dispatch dockets matched to their truck GPS data which shows delivery of the starters and other relevant steel was made in August and September 2021. Is L Ltd liable to pay for all the steel already delivere...

5. CZ v DU [2022] NZDT 23 (2 March 2022) [pdf, 202 KB]

   ...records did not allow him to investigate invoices older than 2014, and commented that he would be surprised if the disputes over them had never been settled. Difficulties in defending old claims due to records being lost and memories fading over time form part of the rationale behind having limitation periods. 8. For these reasons, I find that the claim is statute-barred and must be dismissed. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: E Paton-Simpson Date: 2 March 2022...

6. [2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School interlocutory [pdf, 115 KB]

   ...EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 136 ARC 25/14 IN THE MATTER OF proceedings removed AND IN THE MATTER of an application by the defendant for orders requring further particulars of first and second plaintiffs' claims BETWEEN KATHLEEN CRONIN-LAMPE First Plaintiff AND RONALD CRONIN-LAMPE Second Plaintiff AND THE BOARD OF TRUSTEES OF MELVILLE HIGH SCHOOL Defendant Hearing: 21 April 2015 (Heard at Auckland...

7. Kern v Chief Executive Ministry of Social Development (Strike-Out Application) [2014] NZHRRT 50 [pdf, 53 KB]

   ...Executive of the Ministry of Social Development (MSD) applied for an order that these proceedings be struck out or, in the alternative, dismissed. In this decision we explain why these proceedings must be dismissed. Background [2] When Mr Kern requested a copy of his file from MSD some information was withheld under ss 27(1)(c) and 29(1)(a) of the Privacy Act 1993. On 30 October 2012 and 17 June 2013 he requested that certain personal information be corrected. The MSD declined to...

8. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...the applicant did get out of the respondent’s work before the paint began to fail as it is not possible to quantify this amount on the evidence put before me. Referee: Hannan DTR Date: 22 May 2022 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 rehe...

9. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...disclosure; the second is an application for dismissal for want of prosecution brought by Alliance Group Ltd (Alliance). Both applications have been on foot for some time. Common to each has been a problem of extensive delay in advancing disclosure requests as raised by Ms van Kleef. What this case is about [2] Before turning to the particular issues, it is necessary to repeat what I said about the background of this case in my first interlocutory judgment. [3] The proceedings a...

10. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

    ...Intended Defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 15 August 2023 DECISION OF DEPUTY CHAIRPERSON REJECTIONG APPLICATION TO EXTEND TIME TO COMMENCE PROCEEDINGS1 [1] The Tribunal received Miss Lawson’s claim on 9 March 2022, approximately 11 months after the Privacy Commissioner gave notice on 8 April 2021 that he intended not to take action on a complaint she had made to his office. Accordingly, a jurisdictional issue arises as Miss Lawson...