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1. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...not on any representation made by the vendor or by any person on the vendor’s behalf. The purchaser will raise no objection to, or requisition in respect of, the Property, its condition or any matters affecting the Property. [12] Disclosure forms notifying defects in the property were signed by prospective purchasers before bidding at the auction. Certain defects were disclosed. The bidders acknowledged having been: …told that there may be a leak in the upstairs bathroom fr...

2. ADC v ZWY [2009] NZDT 199 (31 July 2009) [pdf, 76 KB]

   ...garments as an outworker for ADC’s clothing manufacturing and retail business. On 5 June 2009, ADC collected ZWY’s work from her home and paid ZWY’s invoice for the work totalling $178.00. On 9 June 2009, ADC left a phone message for ZWY informing her that she was stopping the payment because the garments she had sewn were not of the required standard and that she would no longer be using ZWY for any further work. [2] ZWY is now claiming payment of her invoice and ADC is...

3. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...unjustified action causing disadvantage in his employment, unjustified dismissal, and breach of contract for failing to provide a safe workplace. In response the department maintained it had acted as a fair and reasonable employer and denied the claims. [3] The Authority held that the department breached contractual and statutory duties owed to the plaintiff and acted in an unjustified way causing him disadvantage in his employment by failing to take reasonably practicable step...

4. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

   ...attendances to 31 August 2010 through Mr QA. At that stage Mr CS advised that he did not want to deal through Mr QA and that ABC firm should communicate directly with him. On 2 September 2010 Mrs LM sent the firm’s Terms of Engagement and client information to Mr CS. [10] Between August 2010 and May 2011 ABC firm rendered a further five accounts all of which were paid. At that stage costs totalled $28,709.60. [11] Mr CS then sent an email to Mrs LM4 in which he referred to his...

5. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...Hearing: 27 April 2022 Held at: Auckland/Tāmaki Makaurau By AVL Appearances: The appellant was self-represented L Hawes-Gandar and F Becroft for the respondent Judgment: 6 May 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 25-26 , Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 11 January 2021. The Reviewer dismissed an application for review of: (a) the Corporation’s...

6. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of the CGA requires that services and any pro...

7. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...amount of discolouration is bound to be present, especially after more than a year of use. 18. For the reasons outlined above, I dismiss the claim. Referee: DJ Dwyer Date: 8 October 2024 Page 4 of 4 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 reh...

8. BL v CD (NZ) Ltd [2024] NZDT 282 (9 May 2024) [pdf, 176 KB]

   ...nothing at all to do with his booking. She provided a letter from CD Central’s “senior relations specialist”, who stated that it operated the website from [Country], and that affiliated companies, such as CD (NZ) Ltd did not have their own platform. The writer stated that there was no record of BL making the booking in question through CD. CI0301_CIV_DCDT_Order Page 2 of 3 [6] DJ’s opinion was that a fraudster had somehow created a fake website that looked much like that of...

9. Auckland Standards Committee v Sorensen [2011] NZLCDT 10 [pdf, 189 KB]

   ...unlawfulness and did not knowingly facilitate an unlawful scheme is not supported by the evidence. 14 At paragraph 30 15 Ibid, lines 4 - 6 10 46. Counsel for the Standards Committee is requested to lodge submissions on penalty and costs within 3 weeks of delivery of this decision, with service on counsel for Mr Sorensen at that time. 47. Counsel for Mr Sorensen is requested to lodge submissions in reply within 3 weeks...

10. Greive v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 156 (30 September 2024) [pdf, 180 KB]

    ...surveillance ultrasound. He appeared to have been lost to follow up during COVID and I had arranged as part of our management of overdue follow-up to repeat ultrasound scan of his left axilla which he had this morning with no features of concern. I have requested a further ultrasound performed for three months’ time ... He has no concerns and there is no evidence of locoregional occurrence in his left chest wall or axillary or supraclavicular region. To the right of the midline...