Search Results

1. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...she told the Tribunal had a blank space at the bottom where the vendor’s solicitor would sign, date and return them to Harcourts. [19] Ms Whitney told the Tribunal that she did not hear from Mr Naidu and asked Mr Kumandan to get the confirmation forms signed. She said “he told me that he was going to see Mr Naidu and so would get them signed”. She said that one or two days later Mr Kumandan returned the two files to her with the signed acknowledgements – these documents are Ex...

2. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...this reason told him that he would not be required to work out the period of notice. [2] Mr Hook contends that he was constructively dismissed. Mr Hook filed a personal grievance with the Employment Relations Authority (the Authority) claiming unjustified constructive dismissal, together with a claim for unjustified disadvantage. His grievance was dismissed. 1 The claim [3] Mr Hook has challenged the Authority’s determination on a de novo basis. The sole relief...

3. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...word “notice” in the relevant section does not refer to the means of communication of the notice and that: Where there is a contractual right to provide payment in lieu of an employee working out the notice period, then provided the employer informs the employee that his employment agreement is being terminated under a trial period clause, when termination takes effect, that he will be paid in lieu of working out the notice period, this constitutes “notice” pursuant to s 67B...

4. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

   ...signature on a piece of paper given that since 2005 ACC automatically awarded the highest whole person impairment rating to those diagnosed with mesothelioma. [26] She also says that ACC should have a policy of sending lump sum compensation forms with its cover decisions for mesothelioma. Decision [27] In this case the late Mr Simpson died of malignant mesothelioma on 25 June 2019 at the age of 78. He had been diagnosed with mesothelioma, according to the joint statement of f...

5. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   ...the value of the materials required to remedy any defect only. Conclusion on Quantum 43. I have found that one of the rafters and the associated purlins need adjustment. I have also found that the roofing iron on the western elevation has deformed at the purlins due to the frame deflections and needs replacement. I have also found that the ridge capping requires replacement. 44. UN has provided a repair costing that addresses these concerns in the adjusted amount of $36,526.88....

6. LT v TU Ltd NZDT 1363 (4 December 2019) [pdf, 206 KB]

   ...Ms T’s quite justified choice to look after a child rather than move her car, at the expense of the other party that had nothing to do with that situation. Referee: Date: 4 December 2019 CI0301_CIV_DCDT_Order Page 2 of 2 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 or a mistake was made. If you wish to apply...

7. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 140 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

8. 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...

9. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 10 [pdf, 67 KB]

   ...since the Tribunal decision dated 2 March 2012. In addition Mr Sayles has not made any submissions or provided any other information to suggest that there should be a change to the quantum orders made back in 2012. Mr and Mrs Adams however request that the interest awarded be updated and calculated through to the date of this decision. Cost of remedial work [8] Following the experts’ conference convened prior to the initial hearing the Council and the claimants agreed that...

10. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

    ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. [11] Based on the evidence before me, TYY through its agent TY failed t...