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1. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...moving BX’s household contents from their residential tenancy address in [Suburb] to their new tenancy address in [City]. The email stated, “All your items will be fully insured while in transport. Please refer to our terms and conditions and inform us if you are interested in grabbing this deal.” The BXs booked the move for 15 and 16 January 2018, and paid FN Ltd’s invoice in advance. 2. BX now claims $4,498.99 for damage to a refrigerator, a gas heater, a coffee table and a sid...

2. CU v QD Ltd [2022] NZDT 48 (19 May 2022) [pdf, 216 KB]

   ...into the belief that turnaround could be on a next day, or next day plus additional day, basis. Accordingly I find CU’s claim does not succeed and is dismissed. Referee: W Lang Date: 19 May 2022 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...

3. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...agreement upon his default. Initially, HD claimed $18,317.56, which he amended during the hearing to a claim for $8,758.78. Who were the parties to the loan agreement? 2. At the time the loan agreement was executed, HD was still married to his former wife, DD. HD and DD separated on 19 September 2022 and settled their relationship property in an agreement dated 31 March 2023. The last loan repayment made by MN was on 29 March 2022, which pre-dated this separation. 3. HD said al...

4. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional standards must be met. Advice about what work is necessary can often be separated from the performance of the work itself, if the person doing the work was not required to give advice in the circumstances of a particular case. Both advice and the performance of work are examples of services to which the CGA applies. 6. I note tha...

5. Ruka - Taheke 23 A (2012) 2012 Chief Judge's MB 416 (2012 CJ 416) [pdf, 192 KB]

   ...a marae for “many years” and that Hiri Reihana Ruka “asks only that a site be taken from his share of the land”. In essence the request of Hiri Reihana Ruka has been granted by the Court. 26. On 29 April 1974 Wahineiti Ellen Huriwai requested that the Court allocate an area of 2 acres for the marae and advised that “Hiri Richard Ruka filed the application on behalf of the Committee”. The Applicant claims that Hiri Richard Ruka was the “donee for Taheke 23A” but...

6. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...(affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which refer to emails and documents relating to the March 2015 transaction); [b] Cross-claim documents in a High Court civil proceeding brought by Mr Beath against the vendors of the property, the Agency, and the licensees (“the cross-claim documents””); [c] Emails between the Agency’s Administrator and the lice...

7. XG v NG & BQ [2021] NZDT 1642 (3 November 2021) [pdf, 250 KB]

   ...foundation. XG said that when he talked to KU after he had carried out the inspection, he (XG) was only concerned to hear whether the house passed the earthquake test. He said that KU told him that there were no major issues with the house. He then informed the agent to proceed with the purchase. It was when his wife received the [Inspection Company] Report by email, after the contract was signed, that he heard about the issues with the house. He said that receipt of the Report l...

8. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 KB]

   ...continued to receive earnings for another 52 weeks. [5] On 7 February 1997, Mr Black’s father made a call to the Corporation. The note of the call reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Cante...

9. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...

10. [2012] NZEmpC 32 2012 French v ACC [pdf, 44 KB]

    ...2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 32 WRC 41/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for leave to extend time to file statement of claim BETWEEN MALCOLM FRENCH Plaintiff AND ACCIDENT COMPENSATION CORPORATION Defendant Hearing: (on the papers) Appearances: Ms Barbara Buckett, counsel for the plaintiff Mr Peter Churchman, counsel for the defend...