Search Results

1. DF v QT [2024] NZDT 474 (11 June 2024) [pdf, 101 KB]

   ...instructed her to obtain a quote to replace the fence. DF obtained a quote from Mr U, a local builder / handyman. The quote was for $7,570.00 to replace the boundary fence between [address 1] and [address 2]. 4. Both parties submitted this information to their insurers. The claims were accepted, and they received payment of $3,785.00 each. 5. Mr U then refused to proceed with the job. In DF’s view, he did so because he realised that he had under-quoted the job. DF suspects t...

2. TXY v Police [2025] NZHRRT 31 [pdf, 358 KB]

   ...INZ and says that she would hate to press charges if they are going to have him deported anyway. Morning LZA I have been in touch with Immigration and they replied with a copy of the letter they sent to him. Interpol have also forwarded a request to [redacted]. He has until 21 July to respond with further reasons why he should be considered for residence. I will discuss things with you when I see you but I agree we should not rush into charges if there are still alternative res...

3. [2024] NZEmpC 75 Opai v Commissioner of Police [pdf, 161 KB]

   ...to a determination of the Employment Relations Authority dated 20 October 2023, which I refer to as the Authority’s third determination.1 While Ms Opai originally sought to challenge aspects of that determination via an amended statement of claim, the amended claim was rejected for filing on the basis that a fresh statement of claim was required. Because the statutory timeframe for filing a challenge had, by that time, elapsed, leave is required. This judgment deals with that iss...

4. [2014] NZEmpC 76 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 52 KB]

   ...Bruce Stewart QC has appeared with Mr Nicholson this morning for the plaintiff, Mr Stewart being recently brought into the matter. He, having considered the proceedings, has indicated that the plaintiff wishes to file a third amended statement of claim. [2] This third amended statement of claim, which has been handed up in a draft or proposed draft form this morning, effectively discontinues the proceedings against the second defendant, Jacob Roest and the third defendant...

5. [2024] NZEmpC 149 Osborne v Callaghan Innovation [pdf, 173 KB]

   ...Callaghan Innovation has applied for them to be fixed. It seeks costs of $24,330.20 on a Category 2 Band B basis in accordance with the Court’s Practice Directions Guideline Scale.3 [5] Mr Osborne opposed Callaghan Innovation’s application and requested that any amount awarded against him be reduced from what was claimed. He did not indicate how much the claim should be reduced by or otherwise state what could be considered a just sum to award. [6] In addition to submiss...

6. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...behalf of the whānau, by refusing to provide any account of his administration for the past six years. More particularly: (a) As executor, Adam has neglected or otherwise failed to account for the assets and income of Barlow’s estate despite requests from Charles Anderson as a beneficiary; and (b) As trustee for the Barlow Anderson Family Trust, Adam has neglected or otherwise failed to account for the assets and income of the trust, including rentals and proceeds of sale for...

7. [2012] NZEmpC 80 Premier Events Group and Anor v Beattie and Ors [pdf, 64 KB]

   ...if the pleading cannot be relied on. [18] That may or may not be so but I think, on balance, that the question of prejudice is neutral as between PEGL on the one hand, and Messrs Beattie and Regan on the other. So I do not accede to PEGL’s request that the proceeding be declared to be a nullity simply because there is no prejudice to the individual parties in doing so. [19] The ultimate test to be applied by the Court is what is necessary to do justice in the particular circum...

8. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000060 [2011] NZWHT AUCKLAND 21 BETWEEN CHUN HEE RYANG Claimant AND AUCKLAND COUNCIL (FORMERLY NORTH SHORE CITY COUNCIL) First Respondent AND DAVID LEE Second Respondent AND THEOTESTO REYES Third Respondent AND PLASTER DEVELOPMENTS LIMITED Fourth Respondent AND PATON ROOFING SERVICES LIMITED Fifth Respondent AND WISE & ASSOCIATES LIMITED Sixth Respondent AND RUSSELL MATTHEWS

9. DM & IW v HD [2022] NZDT 44 (2 May 2022) [pdf, 102 KB]

   ...guarantees into contracts between the suppliers of services in trade and consumers. One of these is the guarantee that services must be provided with reasonable care and skill. In terms of the building trade, standards which the services must conform with include the requirements of the law including the Building Codes and specific Standards, and in other matters, the standards of good practice common in the profession generally. 5. HD disputed the conclusions that DM had reached ab...

10. LI v WH Ltd [2021] NZDT 1697 (13 November 2021) [pdf, 153 KB]

    ...the loss of the vehicle? b) If so, what compensation is LI entitled to? Is WH Ltd liable for the loss of the vehicle? 5. The relevant law is Part 5, subpart 1 of the Contract and Commercial Law Act 2017 (“CCL”), which incorporates the former Carriage of Goods Act 1979. The carriage of goods provisions in the CCL apply to any loss or damage to items while they are with the carrier. The CCL provides that loss includes the non-delivery of goods (s246). 6. The carriage of good...