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1. FD v TN & N Ltd [2024] NZDT 30 (25 January 2024) [pdf, 148 KB]

   ...probabilities. 10. As a result of the above finding, TN was not negligent and is not liable for the losses suffered by FD/J Ltd as a result of the collision. Referee Perfect Date: 25 January 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 re...

2. CD Ltd v CO Ltd [2022] NZDT 279 (10 November 2022) [pdf, 101 KB]

   ...interest on the claimed amount in accordance with the Interest on Money Claims Act 2016. Interest totals $171.41, so the total amount payable by CO Ltd is $9152.91. Referee Perfect Date: 10 November 2022 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...

3. OS v E Ltd [2023] NZDT 89 (23 March 2023) [pdf, 182 KB]

   ...depended upon when they arrived in OS’ letterbox. h. There is no evidence of what else E Ltd ought to have done or could have done when OS contacted them on 19 December. There is nothing to suggest that another courier company could have perform better or faster. 13. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 March 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you b...

4. [2023] NZREADT 12 - KD & DX v Donaldson (31 May 2023) [pdf, 214 KB]

   ...of 9 March 2023 from Ms Harkess concerning the adequacy of the complainants’ disclosure which will be addressed at a later stage of the process). THE APPOINTMENT OF AMICUS CURIAE [28] The Tribunal will deal shortly with the Authority’s request to be heard on this first referral seeking compensation. Given the significance of the issues raised, particularly the role of the Authority on referrals, it seeks the appointment of an amicus curiae (also known as standby counsel) to...

5. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...while attaching the rope to the span wire, Mr Smith experienced a sensation he later described as a tingle, indicating the span wire was carrying an electric current and he may have experienced an electric shock. [7] This incident formed the basis of a disciplinary investigation that led to Mr Nathan’s dismissal. On 26 June 2013, Mr Nathan was stood down pending an independent investigation. Throughout Broadspectrum’s investigation, and in Court, Mr Nathan mainta...

6. H Trustees Ltd v PT [2024] NZDT 512 (12 June 2024) [pdf, 249 KB]

   ...situation PT finds himself in, on balance it would be unjust to allow rehearing at this late stage. Therefore, I dismiss PT’s application. Referee: Boys C DTR Date: 12 June 2024 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...

7. [2020] NZEmpC 31 Zara's Turkish Ltd v Kocaturk [pdf, 357 KB]

   ...whether disclosure is to be ordered.10 In particular Privacy Principle 11(e)(iv) allows for disclosure of information where it is for proceedings before a court. However, he criticised the application as extremely broad, describing it as a blanket request for all files and communications over an extended period. [17] Are the documents sought relevant? The first three parts of the application (at [2](a)–(c) above) are about Mr Kocatürk. I begin this assessment by considering...

8. HC & KP v QT [2023] NZDT 413 (10 July 2023) [pdf, 230 KB]

   ...APPLICANT KP RESPONDENT QT The Tribunal orders: A. QT is to pay $2,610.00 to HC and KP on or before 30 July 2023, regardless of whether any work has been completed. B. The Applicant’s builder [Builder] is to perform the work as set out in the company’s quotation and scope of work dated 30 April 2023, at a time to be decided which is convenient to the company. C. The Applicants are to ensure that [Builder] gives QT 24 hours notice in writing placed...

9. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 58 KB]

   ...claim is dismissed. Facts [1] The Applicant purchased a motor vehicle, a 2002 [vehicle] from the Respondent on 4 February 2011. This agreement is evidenced in writing and includes 24-month [insurer] warranty cover. [2] The Applicant claims that a term of this agreement of sale and purchase was that the Respondent would repair at its own cost any subsequent fault with the vehicle for 12 months after the sale. The Applicant further claims that the vehicle failed twice...

10. [2013] NZEmpC 18 Pathways Health Ltd v Moxon [pdf, 112 KB]

    ...psychology and social work and was employed by the plaintiff in 2005 as a registered health professional. [3] In August 2009, the plaintiff raised concerns with the defendant about her conduct. These ultimately led to the defendant receiving a formal warning in April 2010. The defendant raised a personal grievance which was lodged with the Authority. In addition to remedies for the personal grievance, the defendant also sought reimbursement of her costs of representation in the i...