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1. KC v DG [2023] NZDT 108 (22 March 2023) [pdf, 241 KB]

   ...has agreed to do under the contract. A contract may be in writing, or it may be made orally between the parties. 11. DG noted that he had not signed the terms and conditions sent to him by KC. However, he accepted that there are various different forms of contract, and that he and KC had a verbal agreement. 12. I agree and note that there was clearly a contract between the parties. On one side KC agreed to carry out legal work for DG. In return, DG agreed to pay for that work. 1...

2. [2012] NZEmpC 162 Ong & Ong trading as Pharmacy 72 v Massie [pdf, 103 KB]

   ...1 [2012] NZERA Auckland 117. [3] The plaintiffs were given the opportunity to respond to the application for costs and did so on 28 August. The plaintiffs’ memorandum states that they had requested a breakdown of costs from Mr Tee but had not received a reply. They claimed that they should not be held responsible for costs because they had no choice but to discontinue the proceedings due to a number of matters. [4] They say

3. E v U Ltd [2021] NZDT 1689 (22 December 2021) [pdf, 213 KB]

   ...whether or not he left the house does not have the same significance, and it would not be fair to decline the claim on this basis. 13. The insurer’s representative decided not to get into some similar examples of minor pieces of incorrect information found by the investigations team, and I am satisfied that there was nothing that should have raised any real concern. I, therefore, find that the insurer was not entitled to decline the claim and cancel the other policies. What re...

4. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

   ...Minute dated 19 August 2021 at [19], both Ms Guo and PwC are in agreement the two applications now made by Ms Guo are to be determined on the papers, that is, without an oral, face to face hearing. Legislative changes [7] The information access request under IPP 6 which is at the heart of the present proceedings was made by Ms Guo in 2015 at a time when the then Privacy Act 1993 (PA 1993) had application. That Act was repealed from 1 December 2020 by the Privacy Act 2020 (PA 2020) w...

5. TPPRR form 1 - Notice giving prescribed information for defendant served in Australia [pdf, 1.8 MB]

   Form 1 r 6 Notice giving prescribed information for defendant served in Australia SECTIONS 8(1)(A) AND 15 TRANS-TASMAN PROCEEDINGS ACT 2010 (NZ) IF THE PERSON TO BE SERVED IS NOT DESCRIBED IN THE INITIATING DOCUMENT AS A DEFENDANT, SUBSTITUTE THE CORRECT DESCRIPTION IN THE HEADING OF THIS NOTICE. Please read this notice and the attached document very carefully. If you have any trouble understanding them, you should get legal advi...

6. LCRO 168/2016 WT v MD (30 May 2018) [pdf, 269 KB]

   ...counterclaimed for the cost of damage to the building alleged to have been caused by the tenant. The landlord’s counterclaim was for a significant amount — $608,451 plus the cost of structural engineering advice. [17] By December 2011, Mr WT had formed the view, contrary to Mr PT’s advice, that [Company A] did not have a right to renew the lease and therefore could not sustain its claim that the landlord had repudiated the lease. He recommended that the claim against the l...

7. Black & Anor as Trustees for Lyn Black Family Trust v KW & KR Gutsell Building Ltd [pdf, 186 KB]

   ...manifesting itself on the internal wall surfaces. On the basis, it is recommended that cracking be addressed and repaired as follows. Where cracking exists to the plasterwork, the cracks should be raked out to allow a good keying bond to be formed. Apply a sealant acceptable to the coating system manufacturer to fully bond into the prepared cracking points and flush to make fully flush with the surface to be concealed after a new coating application is applied. The sealant shou...

8. Wai 3300 2.6.027 Memorandum directions of Chief Judge Dr C L Fox addressing matters concerning the wānanga ā-rohe phase [pdf, 497 KB]

   ...Wairarapa. 14. Parties who have already indicated their intention to participate in the first wānanga but now wish to attend the Te Tai Tokerau wānanga instead should notify the Tribunal via memorandum by 5pm, Monday 4 November 2024. Wai 1140 request for remote attendance via audio-visual link (AVL) 15. Counsel for the Wai 1140 claim advised that their clients preferred to attend a wānanga closer to their rohe in Te Tai Tokerau, however they may be able to attend the first wānan...

9. PU v B Ltd [2024] NZDT 815 (4 December 2024) [pdf, 218 KB]

   ...Parties to a contract are bound by the terms and conditions agreed upon at the commencement of the contract. The contract entered into by PU includes two documents. The first is a signed document agreeing to the type of membership, with payment information and notification that [the gym] required 30 days notice of a cancellation. The second contains more information on the terms and conditions. CI0301_CIV_DCDT_Order Page 2 of 4 7. The terms and conditions document was not suppl...

10. LD v EQ [2023] NZDT 522 (25 September 2023) [pdf, 188 KB]

    ...dismissed. Can LD claim his $500.00 uninsured loss? 15. As the claim is dismissed, I do not have to consider if the losses are reasonable, this claim is dismissed. Referee: K O’Shea Date: 25/09/2023 Page 3 of 3 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...