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1. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...and was it fit for the purpose? c) What sum, if any, is payable? What were the terms of the contract? 3. 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. 4. It was undisputed that the agreed pricing was $24,000.00, plus $14.00 per square metre for the additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The inv...

2. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...September 2021 for assistance with a partnership visa application. TO is not a licensed immigration advisor, but is, or was at the time, an employee of [Government Agency]. He says he was doing SB a favour, initially by assisting with an Official Information Act enquiry, and later by assisting with the visa application. 2. SB has quite a different version of events. She says she engaged TO to assist with her immigration matters and he charged a fee of $13,000.00 for that assistance (she...

3. [2013] NZEmpC 174 Udovenko v Offshore Marine Services (NZ) Ltd [pdf, 66 KB]

   ...Authority that does not, of itself, amount to an abuse of process in terms of pursuing such a claim on a de novo challenge in this Court. The offer of payment for the six month's work was a matter before the Authority and can be pursued in a re-formulated claim in the Court. [10] In Bourne v Real Journeys Limited 3 Judge Couch referred to an earlier judgment of the full Court and held that the Court could hear and decide matters which were not actually determined by the Author...

4. LCRO 175/2022 OP v VN (10 October 2023) [pdf, 315 KB]

   ...engage in further discussions with Mr OP as all issues of importance for the impending trial had been addressed. [15] Mr VN represented Mr OP until 5 June 2018, when Mr OP instructed new counsel, Mr LW. [16] Through his accountant, Mr OP then requested a refund of the $3,000 he had paid to Mr VN. Mr VN responded by informing Mr OP that he had unpaid invoices for his fees. [17] On 5 July 2018, Mr VN rendered an invoice to Mr OP dated 21 June 2018 for fees of $7,250 plus GST, a...

5. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

   ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...

6. Alchin and Scott TRI 2020-100-001 [2022] NZWHT AUCKLAND 01 [pdf, 374 KB]

   ...2000? 27 Body Corporate 207624 v North Shore City Council [2012] NZSC 83, [2013] 2 NZLR 297 at [193] & [194]. 14 Weathertightness defects Leaking windows and door perimeters [55] Mr Gilling undertook numerous site visits which formed the basis of his findings. The visits involved visual investigations and non-invasive moisture meter readings, and invasive testing was undertaken in areas of concern. His findings are well explained in the follow-up full report of...

7. Waitangi Tribunal Report on the Aotearoa Institute claim concerning Te Wānanga o Aotearoa [pdf, 748 KB]

   ...The wānanga was founded by a group of �isionary members of Ngāti Maniapoto, led by  Rongo Wetere, in an effort to impro�e the skills of their people . From small beginnings in  Te Awamutu in 1983, it was granted formal status as a TEI in 1993 . After lodging a Waitangi  Tribunal claim for  resources  from the Crown  in  1997  2  and reaching a deed of  settleme...

8. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

9. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

   ...to the trust, given its existing relationship with some of the trustees. The trust set up a limited liability partnership as a commercial vehicle to complete and manage the papakainga project. To progress the loan, credit application and check forms were required from each of the trustees as a first step prior to any application being made. Ms Nathan sought these on 27 January 2018, 6 Puna - Rotopounamu 1B3A2C (2018) 70 Tāk...

10. [2012] NZEmpC 61 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 135 KB]

    ...on the same terms and conditions (including as to continuity of employment), the Union sought copies of these records erroneously from PFCL. It did so by writing to the company repeatedly over the months of February, March, April and May 2011 requesting this information on behalf of 12 of its members covering a period of 12 months before their transfer. PFCL declined to provide such records, saying that it was not the employer of the Union members. [10] The Union then applied to...