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1. [2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd [pdf, 196 KB]

   ...generally.5 [12] The period of delay in filing the statement of defence was between 31 March and 8 April 2025. That is a period of seven days, which cannot be categorised as a minimal delay. However, the period of delay needs to be considered with the request to consent to the late filing of the statement of defence on 2 April 2025. [13] The affidavit evidence supports the claim that the delay was due to error or inadvertence rather than to a deliberate decision not to file a de...

2. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...Waihao 903 Section IX (“Section IX”) as trustee. The respondents say he did while the appellant and other descendants of Henare Te Maire say he did not. [2] By orders dated 10 June 1887 the Native Land Court vested ten sections comprising the former Waihao 903 block in various individuals. Sections I to VIII were vested in groups of owners. Sections IX and X were vested in Henare Te Maire solely. [3] Section IX is 1 acre 3 roods in area. From at least the 1930s the land was...

3. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...agreement with the plaintiff. [8] In its statement of defence the defendant describes its genuine reasons, based on reasonable grounds for not concluding a collective agreement, as consisting of “philosophical differences about the Plaintiff’s claims”. The plaintiff did not require greater particularisation of this bald assertion, so that the particulars of it were disclosed first at the hearing. [9] In the course of the hearing Jacks defined its “genuine reasons ba...

4. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...to and annexed the letter of 2 April 2009 containing the without prejudice offer of settlement. The letter otherwise outlined attempts to settle the matter between counsel for the parties before mediation. Counsel for the plaintiffs requested promptly that the without prejudice communications be removed. Counsel threatened that if they were not removed costs would be sought and an application would be made to the Authority to exclude such evidence. This proposal was re...

5. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...which the High Court found that similar clauses gave rise to prejudice against the plaintiffs. In Cain Paulsen AJ found that there was an abuse of process because the funding agreement gave the funder excessive control over the litigation.3 1 Formerly Risk Worldwide. 2 Cain v Mettrick [2020] NZHC 2125 at [60]. 3 Cain v Mettrick [2020] NZHC 2125 at [63]. [4] Mr El Sawaf for LS filed a response memorandum dated 14 January 2020. Cain v Mettrick is distinguished due to differ...

6. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...

7. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

8. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

9. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...supporting her position. [14] In addition, Ms Taueki argues that her action in engaging counsel was not to delay the proceedings, on the contrary. She says that additional time for her lawyer who had just taken the case on was required but claims that the judge hearing the application denied the request. However, Ms Taueki says that when Horizon filed briefs one or two days before the hearing an extension was granted. Finally Ms Taueki says that she could think of nothing that s...

10. NE v QB Ltd [2022] NZDT 135 (6 September 2022) [pdf, 234 KB]

    ...to buy the [N Vehicle]. The [N Vehicle] is a left hand drive car, and so its owner needed a left hand drive permit (LHDP) from NZTA in order to be able to register it in their name. NE says he CI0301_CIV_DCDT_Order Page 2 of 6 filled out the forms to apply for a LHDP. NE has not been able to provide copies of these documents to the Tribunal and QB Ltd dispute that they exist. 8. NE says that he and E agreed that the finance documents for the [N Vehicle] would be in E’s name.