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1. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...cladding and membrane failure then questions of carelessness in application fade away. 61. On the matter of materials, Mr Walter stated the company initially quoted to do the cladding work in insulclad. Mr Walter said the company was then requested to “trim back” the quotation and was requested to do a quotation using a cheaper product, Alchemis. Mr Walter was a credible witness. He was not cross examined on this point. 62. His evidence is corroborated by a facsi...

2. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...covered by the building wrap and is moisture stained. [63] There is moisture penetration through the LAM on the flat roof. The LAM is incomplete at the north end. [64] The west balcony has a ply substrate, LAM and tile finish. The balcony forms the roof of the living room. The internal gutter at the balcony is incomplete at the outer edge of the ply substrate and the transition through the balustrade towards the rain head. There is no drip edge and moisture is not preven...

3. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...on the particular points which needed further evidence. For the purposes of the unions’ challenge, Te Whatu Ora had filed an affirmation from Ms Vant, its junior counsel. She outlined the process that had been undertaken and provided some information as to why the public interest privilege had been claimed. At the hearing, senior counsel for Te Whatu Ora, Ms Casey KC, told the Court the defendant would be prepared to file further evidence elaborating on certain paragraphs of Ms...

4. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...that although there were pre- existing issues with the Trailer, these did not cause or contribute to the Event, rather, the bolts sheared off when the Trailer jack-knifed into the Ford. 12. Having carefully considered the available evidence and information, I find that HM has proved, on the balance of probabilities, that B Ltd breached the duty it owed him by not taking reasonable care with the Trailer (ie B Ltd was negligent), and this caused the damage to the Ford. I make this findin...

5. Dodd [pdf, 90 KB]

   ...note. She suggests it is therefore unreliable to take this as a final inspection. She submits that there is in fact no evidence on the Council file which states when the final inspection took place. [8] Ms Dodd further submits that the information now available suggests that it is likely the property was not occupied until September 1999 at the earliest and may not have been until 2001 when the gas was supplied. Ms Dodd also submits that the date the Department of Building...

6. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...agreement with the plaintiff. [8] In its statement of defence the defendant describes its genuine reasons, based on reasonable grounds for not concluding a collective agreement, as consisting of “philosophical differences about the Plaintiff’s claims”. The plaintiff did not require greater particularisation of this bald assertion, so that the particulars of it were disclosed first at the hearing. [9] In the course of the hearing Jacks defined its “genuine reasons ba...

7. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

   ...[3] In the first proceeding (EMPC 152/2015) the Union and its members employed at (now) three North Island meat plants allege that AFFCO’s actions in insisting upon employing those employees on the company’s own and largely non- negotiable form of individual agreement is unlawful in a number of respects. In June 2015 when that proceeding was first issued, those plaintiffs also sought an interlocutory injunction restraining AFFCO from unlawfully locking out those employees. For...

8. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...

9. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

10. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

    ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...