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1. [2019] NZEmpC 44 Clarke v GEA Processing Engineering Ltd [pdf, 245 KB]

   ...being referred to the Authority. [4] While the proceedings between GEA and Mr Schicker were progressing in the Authority, an issue arose as to disclosure of documents. This issue initially appeared to be resolved by the Authority treating the request for disclosure as a request for disclosure of documents from non-parties, namely the plaintiffs in the present proceedings, the Clarkes. The process which the Authority adopted to deal with the disclosure request against the non-par...

2. Defending a proceeding in the High Court

   ...court to declare you bankrupt Defending a company liquidation - someone has applied to have a company's assets given to its creditors Opposing an interlocutory application - someone has applied for directions or orders secondary to the main claim If you need to defend a proceeding not on this list, please contact your nearest High Court Defending a general civil proceeding A person who wants to recover money or settle a dispute with another person or organisation can file an applicat...

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3. D Ltd v O Ltd [2024] NZDT 321 (18 April 2024) [pdf, 109 KB]

   ...free to file its own application seeking reimbursement for payments made to the applicant under invoices 173587, 175616, 176752 and 17675 in the Tribunal. Referee: Hannan DTR Date: 18 April 2024 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...

4. BN v O Ltd [2023] NZDT 633 (2 November 2023) [pdf, 180 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. 6. Contracts of carriage are covered by law under the Contract and Commercial Law Act 2017(‘the Act’). The carrier of goods is liable to the contracting party1. The contracting party is the sender o...

5. Tidmarsh v Glover [pdf, 271 KB]

   ...dwelling was the second dwelling to be built on the property. John Glover transferred the subject property to the Eighth respondents, John Richard Glover and Neil Gollan as Trustees of the J Glover Family Trust when the Glover Family Trust was formed on 19 November 1997. [4] The Second respondent, Paul Kelly, is a builder. Paul Kelly undertook certain of the construction work on both dwellings on the property for John Glover on a labour only basis. [5] The Third responden...

6. LP v MT LCRO 74/2013 (22 October 2014) [pdf, 78 KB]

   ...separate from her husband, the sale of the relationship home and the purchase of a new home. [3] Mr MT advised her generally with regard to the: 1 need for a separation agreement, a new will, ... trusts, ... the importance of EQC documentation/information and assignment, and the need to sever the joint tenancy of the family home until matters were resolved. 1Letter MT to NZLS (23 October 2012) at [5]. 2 [4] In October 2011...

7. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   1 DECISION OF TRIBUNAL STRIKING-OUT CLAIM1 [1] Mr Dean has brought a claim to the Tribunal, alleging discrimination by the Ministry of Social Development (Ministry) in breach of Part 1A of the Human Rights Act 1993 (HRA). [2] The defendants have made application under section 115A of the HRA to strike out Mr Dean’s proceeding on the grounds that it discloses no reasonable cause of action, is 1 This decision is to be cited as Dean v Ministry of Social Development (Strike...

8. Form-63-Application-for-warrant-to-recover-land-FINAL-9-December-2024.pdf [pdf, 318 KB]

   MOJ 63 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you apply for a warrant that will enable a bailiff to give possession of land to the person named in a District Court judgment. Use this form if the following applies: • you have a District Court judgment saying that possession of land is to be returned to you by a specified date but the defendant has not yet done this. • You...

9. Q Ltd v T Ltd [2023] NZDT 755 (13 December 2023) [pdf, 193 KB]

   ...yacht and after a site visit was made I prepared a quotation. There were some amendments to the plan so I advised I would revise their quote and an additional 50% or so was added to the original quote, this was accepted via the Xero software platform. Upon completion […] I emailed the invoice for balance of payment. T Ltd short changed me $805.00 claiming that they thought that the original quote was the correct quote. 3. Q Ltd’s claim seeks $850.00. 4. The hearing took...

10. LM v JD & TD [2022] NZDT 6 (8 March 2022) [pdf, 224 KB]

    ...proposed, the materials to be used, estimate the costs and the date the work is to commence. 7. At the hearing, LM presented evidence of the notice that was sent to the respondents on 15 March 2021. The notice was detailed and met the requirements of Form 1 in Schedule 1 of the Act. Therefore, I am satisfied that LM served the fencing notice on the respondents in accordance with the Act. 8. If a party objects to a fencing notice, they may within 21 days of receiving that notice se...