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1. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick [pdf, 355 KB]

   ...start of work the following day Employees will be rostered according to their availability. No employee will be compelled to work overnight shifts, where their availability does not specify overnight as available. From time to time you may be requested to work hours in addition to [your] work schedule. The Employer recognises that rostering hours is a difficult and contentious issue and will endeavour to ensure restaurant managers are aware of the importance of rostering empl...

2. KC v Accident Compensation Corporation (Mental Injury and Social Rehabilitation) [2023] NZACC 011 [pdf, 276 KB]

   ...sensitive claim. The report described the appellant’s working situation in late 2013/2014, as reported by her. She was completing her training. Her husband was living in a different town and she was coping with that and other life hurdles. She requested annual leave so that she could spend more time with her husband. This was declined. She requested a transfer which was also declined. The appellant also described workplace bullying and 5 sexual harassment. The appella...

3. EN v QN & DN [2023] NZDT 450 (6 July 2023) [pdf, 106 KB]

   ...him paint and if so, is he now required to pay EN $1250.00 in lieu of the paint. The issue to be decided is did QN agree to pay EN by giving him paint and if so, is he now required to pay EN $1250.00 in lieu of the paint. 4 A contract is formed when parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. A contract is binding when the parties agree on clear and certain terms. The terms of a contract define...

4. IM Ltd v HI [2023] NZDT 566 (30 November 2023) [pdf, 106 KB]

   ...payable? c) Are debt collection costs payable? Is HI contractually bound to pay the original invoice? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 6. Although the letter of engagement was not sent until eight days after the initial meeting, it would generally be understood that a law firm would be charging for its services unless...

5. J Ltd v U Ltd [2025] NZDT 233 (15 July 2025) [pdf, 88 KB]

   ...when it was delivered. U Ltd point out that the photograph was proof of delivery and there is the shadow of a person in the photograph which was clearly not the delivery person but a person who resided at the premises. 3. The back of the order form says door to door delivery. However, door to door delivery does not strictly mean to the door. It generally means at the customers property. 4. U Ltd say that the driver delivered the washing machine through the entrance of the gate as th...

6. SN v MT Ltd [2022] NZDT 220 (3 November 2022) [pdf, 98 KB]

   ...vehicle in a commercially operated carpark, they enter a contract with that company. The carpark operator must set out the terms and conditions of parking clearly and accurately on their signage, so the driver has reasonable opportunity to read and inform themselves of them. 6. SN argued that signage in the carpark was insufficient and unclear. He described the sign at the entrance as being very small and argued that there was not enough effort put into highlighting that it is paid pa...

7. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   ...Page 2 of 4 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 11. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation were...

8. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 KB]

   ...Ltd’s invoices? d) Is DS Ltd liable to pay damages for NI’s actions or omissions? What were the terms of the contract? 4. Contracting parties are generally free to agree their own terms. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. I Ltd negotiated some changes to DS Ltd’s standard terms, and although there was no signed contract until the later extension, the email trail provides sufficient evidence that both par...

9. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...home. 11. [Motor Company] diagnosed a faulty coil. SW rang L Ltd the next day and asked them to fix it for her. L Ltd offered to supply the coil free for her to have fitted at her cost, to return the car to their yard or to pay her $150. She informed L Ltd the estimate for fitting and supplying the coil was $300 - $450. It told her to find someone cheaper. 12. The car continued to ‘run rough’ and she emailed Ltd on 26 and 28 November to ask for help. SW had the car AA check...

10. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

    ...evidence, I am not able to conclude the quote was expressly discussed during these calls. Again, without more, neither party is able to show on the balance of probabilities that their recollection is more likely to be correct. 10. For a contract to be formed, there must be a clear agreement between the parties about the key terms of the contract. Here they agreed how terms of the contract would be reached – namely that an inspection of the property would occur and then M Ltd would pr...