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1. [2025] NZEmpC 76 Vegepod NZ Ltd v Lowe [pdf, 291 KB]

   ...Harris that such costs could not be imposed on Vegepod NZ Ltd under the Shareholder and Distribution Agreements dated May 2019. Mrs and Mr Lowe were then advised that “management fees”, rather than costs, would be imposed. Mrs and Mr Lowe requested that Matthew Harris and the chief financial officer of the Vegepod group, Mr Triesman, engage an expert on transfer pricing. That request appears to have been declined. [27] In the event, Mrs and Mr Lowe raised a shareholder dispu...

2. 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...

3. 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...

4. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...ratified, Mr Farmer wrote to Tasman Cargo about the pay rise he anticipated receiving because of the CEO’s email. He asked the company to reconsider its position but got no response. [14] Mr Farmer considers he is owed arrears of pay. He claimed that the absence of the pay rise flows into the value of bonuses he was entitled to receive for each of the years 2020, 2021 and 2022. In a schedule provided as part of his evidence he calculated the amount considered payable. [15...

5. Arndt v Accident Compensation Corporation (Appeal) [2022] NZACC 244 [pdf, 221 KB]

   ...Hearing: 1 December 2022 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: H Armstrong for the Appellant S Bisley for the Accident Compensation Corporation Judgment: 9 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30 and Schedule 2, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 22 March 2019. The Reviewer dismissed an application for re...

6. 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...

7. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   ...Stormont says, and I accept, that Mr Goldie reached an agreement with her as to revenue ($473,000) and direct costs ($166,000). Applying these figures would lead to a gross profit of $307,000, 20 per cent of which equals $61,400 (gross). This forms the basis of the claim for a bonus of $61,400. Mr Forrest agreed in evidence that he had never been asked to re-do his calculations to reflect the figures agreed between Ms Stormont and Mr Goldie. [22] On 15 January 2014 Mr Goldie...

8. [2010] NZEmpC 151 Kiwis Stat Ltd v Nichols [pdf, 42 KB]

   ...hospital. If accepted by the hospital, the plaintiff becomes entitled to a fee from the hospital based on the payment made by the hospital to the doctor. [8] The defendant was employed as a “locum coordinator”. Her role was to receive requests from a particular group of hospitals and to match a doctor to each request. [9] The parties had a written employment agreement, two clauses of which were: 17. Restraint of Trade and Non-Solicitation 17.1 The employe...

9. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...do so. CI0301_CIV_DCDT_Order Page 4 of 6 (d) You have not relied on any statement made by or on behalf of the Seller or by Us in relation to any Lot. 14. I find that this clause is not a defence to the claim. Whilst the nature of the sale forms part of the context that is taken into account in determining the chance that was purchased, it is not possible for HS to contract out of the CGA unless NT is himself in trade (s43). This is reflected in the wording of clause 7.9, which co...

10. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

    ...from TB of [Consent Company] dated 1 March 2017 (“the Fire Report”) which recorded that a Type 2 fire alarm system needed to be installed, and specified what emergency lighting was to be installed at the Property. The Fire Report stated that it formed part of the Building Consent application (page 1 of the Fire Report) and the Fire Report notes that the Building Act 2004 applied to the proposed work which involved a change to the use of the building. The Applicant installed a Type 2 fi...