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1. QH Ltd v BD [2024] NZDT 283 (26 February 2024) [pdf, 172 KB]

   ...Therefore, this suggests that the cheaper repair option has not been totally satisfactory. BD is lucky that QH Ltd did not insist on a full replacement. Referee: Sara Grayson Date: 26 February 2024 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 a rehe...

2. [2025] NZEmpC 112  A Labour Inspector v Dao (No6) [pdf, 206 KB]

   ...legal fees. (d) The respondents may require the release of further funds and/or payments to be made from currently frozen bank accounts. Accordingly, the Labour Inspector will provide advice on the process to be followed for making such requests and will then facilitate appropriate requests promptly. [27] A review hearing will be held, if necessary, at 10 am on Wednesday 9 July 2025. The following timetable applies for that hearing: (a) The applicant is to file a memor...

3. [2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]

   ...contracted out of Marra and into a joint venture entity, and that he would receive the same benefits as those paid to Dominion employees. This was obviously a reference to his earlier conversations with Mr Bailey. [32] The email also referred to a request for an increase in salary; he said he had been given a company vehicle he had used on the joint venture project, as compensation for an increase. On the evidence presented to the Court, the provision of the vehicle was appar...

4. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...Proffitt, the assessor and Thomas Wutzler, the claimants’ expert. Some defects were also mentioned in Mr Prouse’s report referred to by the parties. Roof and drip edge [25] There was a failure to turn down the ends of the metal roof to form a drip edge (exacerbated by low pitch) and a failure to form a drip edge to the barge flashing over the kitchen roof. There was a lack of cover to the flashings on the north east and south west elevations. The building underlay had...

5. PG Ltd v KH Ltd & JC Ltd [2014] NZDT 1346 (31 October 2014) [pdf, 217 KB]

   ...I am satisfied the length and nature of KH’s inaction after discovering the mistake raises a valid estoppel. I dismiss KH’s counterclaim. Referee: J Costigan Date: 31 October 2014 CI0301_CIV_DCDT_Order Page 5 of 5 Information for Parties Rehearings On application of a party to the proceedings, the Disputes Tribunal may order a rehearing of the proceedings, on such terms as it thinks fit. If you wish to apply for a rehearing, you can obtain an applicati...

6. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...safely pack up and arrange for the return all the curtains purchased from S Ltd to them, with shipping of the boxes with the curtains to be paid for by S Ltd. Referee: C Price Date: 01 August 2023 Page 5 of 5 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...

7. Body Corporate 201036 and Unit Owners of Parnell Terraces [2010] NZWHT Auckland 30 [pdf, 119 KB]

   ...adjudication. A claimant has the particular definition of being the person who applies for an assessor’s report with the Department of Building and Housing. The combination of ―claimant‖ and ―claim‖ as used in s 16 together with the information on how a claim is brought in s 9 in my opinion does not allow the wider meaning of claim as suggested by Mr Rainey. The narrower interpretation of the date on which the claim was brought as being the date the owner or representat...

8. Buck [2010] NZWHT Auckland 34 [pdf, 89 KB]

   1 [2010] NZWHT AUCKLAND 34 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6324: VICKI SUSAN BUCK AND LINDSAY WILLIAM LLOYD – 14 JANE DEANS CLOSE, RICCARTON, CHRISTCHURCH ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Vicki Buck and Lindsay Lloyd are the owners of a house at 14 Jane D...

9. T Ltd v EO [2024] NZDT 814 (20 December 2024) [pdf, 201 KB]

   ...dated 27 and 29 June 2024 affirmed the contract. 10. EO disputes that he had engaged T Ltd. He says that his initial communication was exploratory in nature and that T Ltd were never properly authorised to act on his behalf. 11. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. Often this relies on an offer, and acceptance of that offer. There must also be certainty about the terms that have been agreed to.

10. [2018] NZEmpC 83 Kaikorai Service Centre Ltd v First Union Inc [pdf, 904 KB]

    ...application under s 50J of the Act, which occurred on 22 September 2016. [9] Finally, the objection challenged disclosure of communication to or from Foodstuffs as not relevant. The challenges to the objections [10] By the time the parties requested this dispute be resolved on the papers the outstanding issues had narrowed, so they did not involve any argument about documents being subject to legal professional privilege or communication to or from Foodstuffs. The remaining iss...