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1. [2009] NZEmpC AC 30/09 Masonry Design Solutions Ltd v Bettany [pdf, 74 KB]

   ...employment agreement. I do not infer, as the Employment Relations Authority appears to have concluded, that this was an indication that Mr Bettany had been appointed permanently to the company’s staff. Rather, the agreed outcome to the defendant’s request was consistent with the employer’s dissatisfaction with his performance and the resolution of both parties to improve on this. [23] I accept Mr Wilson’s account of this conversation and the parties’ agreements where...

2. New Zealand Law Society v Gilbert (Nelson s 356 Committee) [2012] NZLCDT 24 [pdf, 222 KB]

   ...knowledge he had of the witness proposed by the Tribunal (Mr Hobbs). That was accepted by the Tribunal, which offered an adjournment to assist, but eventually accepted that abandonment was required. Another approach might have been to withdraw the request to have Mr Hobbs give evidence, but that was not proposed, presumably because the Tribunal considered that it was necessary for it to hear from Mr Hobbs. [52] Mr Hobbs was obviously an unanticipated witness, both by counsel for...

3. BN v MV & KT [2023] NZDT 534 (5 October 2023) [pdf, 229 KB]

   ...that the issue with water entering the garage should have been disclosed to him at the time of purchasing the property. In particular, he said he asked specifically about water tightness of the garage and any issues with the retaining wall which forms part of the garage walls but was told by KT that nothing had been disclosed to her. 4. MV accepts that she and her husband had experienced one situation where water entered the garage but had installed a drain to deal with the problem. S...

4. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...their terms and conditions and that TQ agreed to those when he parked and left his vehicle in the carpark. However this damage occurred before TQ was able to determine whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B...

5. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

   ...principle of caveat emptor or buyer beware. The general position is that the buyer must be responsible for his or her own purchasing decision. 9. 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 Contract and Commercial Law Act 2017 (CCLA) provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled t...

6. [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...

7. Rata - Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 [2020] Chief Judge's MB 74 (2020 CJ 74) [pdf, 432 KB]

   ...plan attached to the application. 5. The affected roadline is 400m long and crosses a steeply incised gully off Tapairu Road. From the material attached to the application it appears that the existing roadline was a paper road, opposed to a formed road. It is noted that the Central Hawkes Bay District Council would not consent to access being formed at the entry of the existing roadline where it adjoins Tapairu Road, due to safety concerns. The application lodged sought to realig...

8. [2019] NZSSAA 40 (21 May 2019) [pdf, 189 KB]

   ...in cash; and treated transactions as income when he could not recall the reason for them. [10] Mr Anderson, an investigator who works for the Ministry of Social Development gave evidence. He said he had investigated XXXX’s bank account. He requested copies of statements from the Bank, which responded with statements for a wider period than he requested. Mr Anderson considered all the bank records he identified as relevant to XXXX’s benefit level. He interviewed XXXX regarding...

9. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...CI0301_CIV_DCDT_Order Page 5 of 6 company that has been pulled together from other sources into one document. Whilst that information is generic, it was sought. In addition, a task list was also created. A [redacted] partnership exploration was also produced, as requested. MW also attended a meeting with [redacted] as requested. 17. It is not possible to place a commercial value on this information. None of the documents went far enough, and MW never had sufficient access to...

10. [2022] NZACC 94 - Black v ACC (19 May 2022) [pdf, 212 KB]

    ...weeks. [6] The file notes a handwritten record of a call to the ACC case officer on 7 February 1997 from the appellant’s father. The note reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Canterbury Car...