Search Results

1. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...established. My order therefore clarifies that ZD must immediately pay $690.00 to HX if he has not already done so. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: E Paton-Simpson Date: 4 October 2024 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 for a...

2. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...made no order that affects J Ltd, as it will deal separately with MO regarding any obligation that it may have to him under his insurance policy. Referee: C Hawes Date: 20 June 2024 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 for a re...

3. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

   ...breach of the vendor warranties in the Agreement, OC is entitled to a remedy. The law of contract says that this amounts to what is required “to financially restore the plaintiff to the position which it would have occupied had the contract been performed ..”1 14. OC has provided evidence that the heatpump was unable to be repaired. I find that she was therefore required to replace it and the cost of $2,800.00 seems reasonable. 15. However, OC now has a brand-new working heat...

4. [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...

5. [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...

6. 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....

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. 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. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...cladding and membrane failure then questions of carelessness in application fade away. 61. On the matter of materials, Mr Walter stated the company initially quoted to do the cladding work in insulclad. Mr Walter said the company was then requested to “trim back” the quotation and was requested to do a quotation using a cheaper product, Alchemis. Mr Walter was a credible witness. He was not cross examined on this point. 62. His evidence is corroborated by a facsi...

10. 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...