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1. 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...

2. 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...

3. BT v TS [2025] NZDT 198 (22 May 2025) [pdf, 145 KB]

   ...may have been a private sale. Page 2 of 4 7. While I would regard ‘hobby’ breeders, who produce multiple litters of puppies over time and sell them, as being ‘in trade’ (contrary to [dog organisation’s] view), based on the information TS provided, I find that she does not fall into this category and therefore I regard the sale and purchase of [Puppy] as a private sale. That means that the provisions of the Fair Trading Act and the Consumer Guarantees Act do not app...

4. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...Court. In Lee v Minor Developments Ltd 8 Judge Shaw observed that: 6 HCR 14.5(1). 7 At [51]. 8 AC 21/09, 24 April 2009. [16] In Simpson v BB’s New Zealand Ltd the High Court agreed that a request for costs of a judicial settlement conference was novel. It noted that such conferences are not included in the schedule of costs in the High Court Rules and held that this was a deliberate policy to encourage parties to attend and...

5. [2015] NZEmpC 172 D’Arcy-Smith v Natural Habitats Ltd [pdf, 118 KB]

   ...[2015] NZEmpC 123. confirms that the defendant’s legal costs in these proceedings amounted to $35,000, including disbursements of $500. The plaintiff submits that the application for costs is inadequately supported, that some of the costs claimed would not have related to Mr Herzog’s attendances (given the change in counsel that occurred prior to the hearing), requests that his financial circumstances (which are already before the Court) be taken into consideration and...

6. Form-33_Family-Invoice_Family-Violence.pdf [pdf, 237 KB]

   Version 21 – October 2023 page 1 10/23 form 33 Tax Invoice Family Legal Aid Fixed Fees Family Violence (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final i...

7. Form 4 Criminal Legal Aid Non-fixed [pdf, 188 KB]

   Version 19 – September 2022 page 1 09/22 form 4 Tax Invoice Criminal Legal Aid Non-Fixed Fee Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. CRNs To: Legal Aid, DX Box Number City Customer Lead Provider Law firm Court type District Court High Court Court of Appeal Supreme Court Court location Description of proceedings Administration Case Review Case management memorandum Committal...

8. Form-20_Civil_non-Fixed.pdf [pdf, 188 KB]

   Version 21 – October 2023 page 1 Use this form to claim for any Civil matter other than Family, Waitangi and fixed fee proceedings. To: Legal Aid, DX Box Number City Customer Lead provider Law firm Details of claim Forum category 1 2 3 4 Type of proceedings this invoice covers: Covers period from: to Interim invoice Final invoice Lead Provider Listed Provider B Provider name or numbe...

9. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...also of the applicable collective agreement. Although Mr McIlraith for the company emphasised the Authority’s finding on this issue at paragraph 45 of its determination that a company manager “…subsequently sent an email to each applicant requesting (sic) them to submit an annual leave request.” I do not think this can be said surely to be a finding that Messrs Shakes and Helyar agreed to the day being treated as annual or other leave. The sending of those e- mails (that I...

10. Manuel v Carroll - Lot 1 Deposited Plan 5004 Part Waimarama 3A1A1 (2020) 83 Takitimu MB 41(83 TKT 41) [pdf, 231 KB]

    ...October 2002 and October 2017, Mr Carroll occupied the land under a bare licence on the condition that he mow the lawns, pay the rates, and generally keep the property tidy and in good order. On 28 April 2017, Ms Manuel revoked that licence and requested that Mr Carroll vacate the land by 30 August 2017. A further notice was then issued extending the final termination date to October 2017. Mr Carroll ceased paying rates at that time and, contrary to the requests of the owners, has...