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1. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...to compensation and if so, how much. Has TD misrepresented the fridge? 7. A seller may not misrepresent an item for sale. A misrepresentation is: a statement of face, by one contracting party to another, before or at the time the contract is formed, that induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is work...

2. ABI v ZYU Ltd (in liquidation) [2010] NZDT 82 (30 September 2010) [pdf, 10 KB]

   ...AND ZYU Ltd (in liquidation) RESPONDENT Date of Order: 20 September 2010 Referee: Referee Benson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim against ZYU Ltd (in liquidation) is dismissed. [1] The hearing on 20 September 2010 was attended by ABI and KL, who was a director of ZYU Ltd (in liquidation). [2] ABI claimed a refund of the price for a couch purchased from ZYU...

3. Lawson v Health and Disability Commissioner (Strike-out) [2023] NZHRRT 15 [pdf, 151 KB]

   ...required by Rule 7 of the Health Information Privacy Code 1994 (“Code”). Miss Lawson also alleges the HDC breached other aspects Rule 7 of the Code. [3] The HDC denies a breach of Rule 7 of the Code. The HDC says that it twice reconsidered requests made of it by Miss Lawson and attached Miss Lawson’s statement of correction to its file. [4] On 15 December 2022, the HDC applied for an order striking out Miss Lawson’s claim in its entirety as being an abuse of process pursuant...

4. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...commercial and are fully acceptable from a quality perspective. For bottles of this shape, variation in thickness will commonly present within the ‘base’ and ‘sidewall’ of the vessels. This is a common occurrence due to the “blow and blow’ forming process used to manufacture the bottles, coupled with the horizontally aligned shoulder and rectangular shape (which provide additional manufacturing challenges in themselves). Being made of the high quality ‘super-flint’ glass d...

5. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

   ...directions. On 8 August 2017, a notice of intention to appear was on behalf of Counsel Bidois for the respondents (transferees), filed a memorandum seeking a timetable for applicant’s evidence. The memorandum is summarised below: i. Counsel requested timetabling directions for filing of the applicant’s evidence; and ii. The applicant has not produced evidence to prove that the order is erroneous Submissions: i. Counsel claims that the applicant has no success without...

6. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

   ...transfer; and (ii) to dismiss the plaintiff. (c) The defendant has made a number of inconsistent statements in relation to these key issues in the proceedings; (d) The defendant has claimed privilege in respect of documents which would, on the information available, render the statements made by 3 Matsuoka v LSG Sky Chefs New Zealand Ltd [2011] NZEmpC 44 [2011] ERNZ 56, (Part 6A judgment). the defendant’s agents a m...

7. [2022] NZACC 139 - Rawson v ACC (20 July 2022) [pdf, 260 KB]

   ...Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is whether the decision of the Accident Compensation Corporation dated 12 November 2020 accepting the appellant’s claim as a work-related personal injury at Anderson and O’Leary Limited is correct. [2] The position of the appellant is that he meets the requirements for a work-related personal injury under the Accident Compensation Act 2001. ACR...

8. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

   ...adjustment disorder (which Dr Kumar believed to have already largely abated). [13] On 6 April 2019, Mr Leaf obtained deemed cover for PTSD, because the time frame for the Corporation to issue a cover decision had expired. [14] On 8 November 2019, a request was made on Mr Leaf’s behalf for entitlement to loss of potential earnings (“LOPE”). [15] On 25 February 2020, Dr Kumar confirmed his diagnosis of adjustment disorder rather than PTSD (even though he noted that Mr Lea...

9. [2013] NZEmpC 26 Hegedus v Actronic Ltd [pdf, 102 KB]

   ...hardship to any other person, the effect on the rights and liabilities of any person, and the merits of the substantive case. The overriding consideration is the justice of the case. [5] Mr Hegedus says that he attempted to file a statement of claim on 9 November 2011 five days after the time for challenge had expired. It was rejected for being out of time. The earlier delay was then compounded by substantial further delays, with an application for leave not being filed until so...

10. BORA Ngāti Rangi Claims Settlement Bill [pdf, 115 KB]

    ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 11. Clause 24 of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with the taonga tūturu protocol. 12. This clause may be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the tight to...