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1. LU v C Ltd [2023] NZDT 182 (25 June 2023) [pdf, 211 KB]

   ...reasonable and in keeping with the price given? Was the price given by C Ltd a quote or an estimate? Was the price for the 140mm pine decking ($8,058.45) shown on the pricing document calculated incorrectly? 3. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 4. The parties dispute whether the price given by C Ltd was a quote or an estimate. In addi...

2. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...that regrettable delay. 2 Background [3] The director of Company 1, Mr VL, instructed Law Firm 1 to act on the purchase of a commercial fishing vessel. Approximately two months later the boat was stolen, apparently by another party claiming ownership of the vessel. [4] Mr RG took steps in the District Court to remedy the situation and an agreement was reached about ownership. However Maritime New Zealand indicated that a High Court order was needed to amend the Registe...

3. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...number of levels and not at all what the Trust Order intended. I accept however, that what has happened, has happened more by oversight then by intention to breach the Trust Order. Prudence I must then examine the balance of the borrowing and form a judgement as to its prudence or otherwise. Certainly the figures are not small. I note that the land and stock of the Trust were immune from creditors of the Runanga, but now that· Minute Book: 268 ROT 280 borrowing has been organ...

4. [2007] NZEmpC AC 36/07 Bank of New Zealand v Trotter & Anor [pdf, 36 KB]

   ...Exhibit BV-M, which is a copy of a letter from Bergseng & Co Lawyers, dated 6 March 2007. That letter was written to the solicitors for the bank following a letter being sent to the liquidator for Alliance Strategic Property Investment Ltd requesting the documents, which are now sought in the filed application. In response Mr John Bergseng wrote advising that the liquidator was in receipt of the correspondence. There was no indication that the documents would be provided, but...

5. [2015] NZEmpC 143 JAE Sales Ltd t/a Aussie Butcher Birkenhead v Prins [pdf, 94 KB]

   ...against the sum awarded in annual holiday pay. The other awards are not in dispute but have not been paid by JAE to Mr Prins. The pleaded basis for the challenge was that the only proof Mr Prins offered at the Authority’s investigation was in the form of scraps of paper with handwritten dates on them. This is somewhat ironic having regard to the nature of JAE’s time and wages records produced at the hearing of the challenge and the fact that they did not even trouble themselv...

6. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...necessary where an application to issue interrogatories is opposed: r 8.5 High Court Rules. A material consideration is whether briefs of evidence will be given by the party to be interrogated. Moreover, an interrogatory is not to be confused with a request for further particulars. Discussion [19] The applicant objects to answering interrogatories 1(b), (e) and (f) on the basis that they do not relate to a matter in question between the parties. In response, Ms Wara submitted tha...

7. Wilton TRI-2021-100-002 Procedural Order 7 [pdf, 225 KB]

   ...to considering the pleadings only and may assess evidence in determining whether to remove a party.6 Ellis J has observed that if the Tribunal is to hear and determine claims in an “expeditious and cost-effective way, [it] must be able to perform an active gate-keeping role in terms of both the joinder and removal of parties”.7 This can include the early receipt and assessment of evidence. [17] In circumstances where the evidence is contentious or challenged, or a party’s...

8. [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...

9. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...its mode of delivery or its timing. The letter was a focus of complaint by the plaintiff at hearing. I return to it later. [10] The plaintiff responded to the WDHB’s earlier letter of 5 May on 26 June 2008. The medical report that had been requested was not provided. A request was made for the WDHB’s Return to Work and Rehabilitation policy. This was provided by the WDHB by way of correspondence the same day. [11] The WDHB had sought a report from a specialist occupational...

10. HRRT Statement of Reply (Privacy) [pdf, 236 KB]

    ...for this reply. Please choose one and give the details.  Email  Postal address Email address __________________________________________________________________________ THE HUMAN RIGHTS REVIEW TRIBUNAL Statement of Reply When to use this form Use this form if you are named as a defendant in a ‘Statement of Claim’ under section 98 of the Privacy Act 2020 and wish to file a ‘Statement of Reply’ in response to the allegations made against you. Completing this form •...