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1. EC v SX & HN [2023] NZDT 320 (3 August 2023) [pdf, 183 KB]

   ...redemption cost of the two vehicles already returned and the towing cost, as EC did not have the opportunity to reassemble the [motorcycle 1] before its return. Referee: E Paton-Simpson Date: 3 August 2023 Page 4 of 4 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 f...

2. FT v MU & T Ltd & U Ltd [2023] NZDT 470 [pdf, 227 KB]

   ...between T LTD and AB arising out of that separate agreement which Mr FT was not part of. c. It does remove T LTD’s primary liability to Mr FT to pay for the shipping costs of the FT container after receiving full payment for those shipping cost form Mr FT. 12. I find in breach of the contract between T LTD and Mr FT, T LTD has not paid U Ltd’s cost of shipping Mr FT’s container to [Country 1]. T LTD is therefore liable to pay the reasonable proven losses that arise out of that...

3. SM v BN & NN [2024] NZDT 387 (5 June 2024) [pdf, 192 KB]

   ...The issues I have to consider are: a. Who was the contract between? b. Was there a misrepresentation that induced SM into the purchase? c. If so, what remedy is appropriate? Who was the contract between? 7. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine whether BN or NN was selling the c...

4. BS v NT [2025] NZDT 51 (13 March 2025) [pdf, 188 KB]

   ...athlete and receive discounted rates in exchange for promoting BS as her trainer and allowing photographs and videos to be displayed. NT accepted she was a sponsored athlete receiving a reduced rate, but did not consider she had been adequately informed about any obligations she had. 3. BS initially invoiced NT the sum of $735.00, of which $635.00 was paid. BS now claims a further $1,025.00, being the non-discounted rate for her services on the basis that she did not receive any prom...

5. LI v KC [2025] NZDT 115 (26 February 2025) [pdf, 193 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 road includes— (a) a street; and (b) a motorway; and (c) a beach; and (d) a place to which the public have access, whether as of right or not; and (e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway or a place referred to in paragraph (d); and (f) all sites at which vehicles may be weighed for the purposes of the Act or any other enactment 9. I consider the forecourt and driveway of a petrol

6. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...Bidwill Street, Mt Cook, Wellington 6021 kle@klelaw.com 43 Takitimu MB 201 Introduction [1] Wero Karena seeks an injunction, a judicial conference, and, I apprehend, a review of trust and the removal of the trustees of Te Koau A Trust. Mr Karena claims that the trustees have, in summary, breached their duties sufficient to warrant an investigation as to their removal. His principal complaint appears to be that the trustees have failed to maintain the trust property and provide...

7. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...Cavell Leitch Law who from that point on provided advice in relation to the Trust’s employment issues with Mrs Walker. 9. On 27 February 2012 Mr Weir and the Board’s then chair Helen Slot-Brand had an initial meeting with Mrs Walker to inform her that 4 See for instance Julian v Air New Zealand Ltd [1994] 2 ERNZ 88 (EmpC); and New Zealand Police Assoc Inc v Commissioner of Police [1995] 1 ERNZ 658 (EmpC). certain all...

8. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 KB]

   ...assault, when she was pushed downstairs and kicked in the back. She suffered bruising in that accident but no fractures.1 [6] In early 2001, Ms Henderson contacted the Corporation to seek entitlements on her 1982 and 1998 injury claims. Medical information was obtained by the Corporation, which included several reports from Mr Gordon Howie, Orthopaedic Surgeon, who had treated Ms Henderson from February 2001 onwards. [7] On 21 May 2001, Mr Howie, having reviewed Ms Henderson...

9. LR v Accident Compensation Corporation (Claim for overseas rehabilitation costs) [2023] NZACC 29 [pdf, 183 KB]

   ...developmental delays and associated disabilities, including spasticity. However, the claim was declined because, at that stage, the Corporation was unable to establish an injury relating to treatment. The Corporation did not receive any further claims or requests for cover in the ensuing period of nearly three years. [5] On 24 May 2021, Ms Carrigan, advocate for the appellant, wrote to the Corporation. Ms Carrigan asked the Corporation to revisit its decision and confirmed that...

10. EH v B Ltd [2024] NZDT 423 (7 May 2024) [pdf, 155 KB]

    ...north-west wind resulted in spontaneous combustion. However EH has not been successful with her claim for the reasons outlined above. The claim is dismissed. Referee: L Thompson Date: 7 May 2024 Page 6 of 6 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...