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1. XX v KN [2023] NZDT 45 (3 February 2023).pdf [pdf, 177 KB]

   ...would provide a quote before he undertook the work? (b) If not, Is XX entitled to payment of his invoice? Was it agreed that XX would provide a quote before he undertook the work? 3. KN said he always asks for a quote before work is performed on his behalf. He provided several quotes he had obtained as evidence in support of his usual practise. The parties agree that this was the first time that KN had engaged XX’s services. KN left the aluminium material and a cutting tool...

2. B Ltd v KY [2024] NZDT 781 (22 October 2024) [pdf, 91 KB]

   ...overall credit of $79.90, although KY chose not to counterclaim this sum. In conclusion KY is not liable to pay B Ltd’s invoice for the extra labour. Referee: E Paton-Simpson Date: 22 October 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 re...

3. Wellington Standards Committee v Laglolago [2015] NZLCDT 25 [pdf, 325 KB]

   ...cover the lawyer’s work, rather than actual discussions about the nature of the claim to be made and a clear elucidation of the likely prospects of success. [56] In July of 2010 the practitioner clarified her advice concerning the proposed claims and what losses could be sought. In particular she referred to the claim for compensation for harassment which the client’s were keen on pursuing. It is clear by this stage the practitioner had done some research in this area but her...

4. [2024] NZEmpC 123 Wiles v University of Auckland [pdf, 536 KB]

   ...meetings. [31] In the first half of 2021, further incidents of doxing occurred, which were reported by Associate Professor Wiles. There were other meetings between the academics and the University at which a review of the University processes was requested and other concerns were raised about the effectiveness of the University’s monitoring of harassment. Associate Professor Wiles and the other academics continued with their external communications work. This included Associat...

5. Sansom v Department of Internal Affairs [2016] NZHRRT 17 [pdf, 100 KB]

   ...that both within and outside the workplace she was the victim of sexual harassment. These grievances did not, however, motivate Ms Sansom to bring a personal grievance claim under the Employment Relations Act 2000. [7] But she has made a number of requests under the Privacy Act 1993 for access to personal information held by the Department. [8] In these proceedings Ms Sansom complains that in responding to a particular request made by her on 21 March 2013 for information spanning the...

6. [2009] NZEmpC CC 10/09 Rooney Earthmoving Ltd v McTague and ors [pdf, 175 KB]

   ...not become one of the directors of BMW until he took over the business some years later. [40] The contemporaneous notes that Mr Madden made of the initial and subsequent meetings with Mr McTague and the material provided by Mr McTague which formed the basis for the documents prepared at Capon Madden, all show a commencement date for the operations of BMW as 1 June. Further, the cash flow projections provided by Mr McTague to Mr Madden, which showed a substantial turnover for a s...

7. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...the car was originally inspected. There was also no advice given at the time the extra damage was discovered to obtain consent to doing further work. Consequently, it cannot be said that the additional work can be charged as an extra. It simply formed part of the work for which the estimate was given. 16. The second category of additional costs arose from extra labour in having to re-do filler, etching and priming from the car remaining in storage for so long whilst the job was bein...

8. CP Ltd v XL Ltd 2016 NZDT 906 (16 March 2016) [pdf, 123 KB]

   ...For example, CP says there was the same number of plates provided at settlement as stated on the chattels list, but staff on their first day told CP they were not the quality plates usually used in the restaurant. This has not been specifically claimed for, but I accept that it demonstrates the constraints on CP to carry out due diligence in some instances and the requirement for good faith in the performance of this, and any, contract. [18] For the above reasons, and in particular b...

9. CN v U Ltd [2024] NZDT 623 (17 July 2024) [pdf, 200 KB]

   ...were non-refundable in the event of cancelation and non-transferable without U Ltd’s prior approval? 9. Parties to a contract are bound by express and implied terms of contract. Express terms are those that have been stated prior to or at the formation of the contract. Implied terms are those that are so obvious they go without saying, or are implied into the contract by statute. 10. The onus to prove a claim lies with an applicant. The standard of proof required in the Tribunal...

10. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

    ...capable of constituting unsatisfactory conduct in terms of the Real Estate Agents Act 2008. [4] The Committee found that the licensee made misrepresentations in relation to an eastern boundary and failed to provide the complainants with proper information about an accessway. More specifically, the Committee found the following aspects of the licensee’s behaviour contributed towards its finding of unsatisfactory conduct: [a] The licensee’s response to the complainants’ specific...