Search Results

1. BG Ltd v EE & DE [2020] NZDT 1557 (26 August 2020) [pdf, 218 KB]

   ...initial disclosure for each loan correctly, it failed to comply with some of the requirements for subsequent disclosures. 12. Every six months from the start of each loan, BG issued a Continuing Disclosure Statement. While most of the required information was included in these statements, BG did not disclose CI0301_CIV_DCDT_Order Page 3 of 5 the annual interest rate or rates during the statement period, expressed as a percentage or percentages (CCCFA s 19(1)(h)). 13. More signifi...

2. [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...

3. Paul v Doorbar - Pukepapa 3 (2020) 414 Aotea MB 16 (414 AOT 16) [pdf, 218 KB]

   ...together with David Doorbar and Alice Katene Doorbar, are now the trustees of the marae reservation. Robert Paul then resigned on 28 February 2019. Procedural history [8] The application was first heard on 20 June 2017.6 While I had received a request for an adjournment, as the trustees and the committee members of OHMC could not attend, the hearing proceeded with Ms Paul as a further fixture would not take place until later in the year. Ms Paul raised concerns about obtaining...

4. [2021] NZACC 146 – Buis v ACC (28 September 2021) [pdf, 248 KB]

   ...with Mr Buis that the “all information necessary” date should be the date of the Accident Compensation Appeal Authority’s review decision in Lewis7 which moved the date to 13 July 1992. [9] On 28 April 2017 Mr Buis wrote to the respondent requesting that it reconsider his entitlement to interest on the arrears ERC that had been paid to him in December 2006. His position was that interest on the payment should be calculated under the original s 72 (“the original s 72”) of...

5. [2022] NZEmpC 167 Halse v Employment Relations Authority [pdf, 331 KB]

   ...Mr Halse and CultureSafe were held jointly and severally responsible for the breaches. [40] This determination recorded Mr Halse’s statement that he intended to ignore the non-publication order made on 20 July 2018.30 He did not respond to a request for submissions on possible penalties beyond informing the Authority that he would “never pay a cent in penalties”.31 Nevertheless he was given what the Authority referred to as a fifth and final opportunity to provide any eviden...

6. UW v XG Ltd [2024] NZDT 161 (16 April 2024) [pdf, 139 KB]

   ...compensation for the expense of making the gate, and also now has the gate in its possession. 27. For these reasons both the claim and the counterclaim are dismissed. Referee: L Trevelyan Date: 16 April 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 f...

7. CI v KH Ltd [2024] NZDT 486 (18 June 2024) [pdf, 198 KB]

   ...with little rain and so it wouldn’t have known if the roof hadn’t been repaired properly. However he did not have any weather records to support this assertion which seems unlikely over a [Region] winter, and so in the absence of supporting information the rain records from [regional council] were looked up online during the hearing. While I appreciate that the records from [road] will not be exactly the same rainfall as that experienced at [property address], they are sufficiently cl...

8. HN v OB & G Ltd & I Ltd [2025] NZDT 120 (25 February 2025) [pdf, 139 KB]

   ...strong vibration” during the house demolition process. They were required to vacate during the tree felling, so cannot say what level of vibration occurred. 8. On 28 November 2022, HN noticed cracks on the kitchen ceiling along the line of the former wall. He notified the JV, and a member of the team came to inspect the property. HN says he told the representative that he did not expect the ceiling to be repaired until construction work was completed. He believes the JV accept...

9. Larnark v Kirby LCRO 44 / 2010 (1 October 2010) [pdf, 83 KB]

   ...Proceedings were issued by the Practitioner on behalf of the Applicants on 1 May 2008. Subsequently, it was decided that an amended Statement of Claim was required and this was prepared and filed on 10 November 2008. In addition, the Practitioner formed the view at a later date, that the proceedings should be transferred to the High 2 Court due to the fact that the Applicants‟ claim included matters relating to the Bill of Rights and breaches of the rules of natural justice....

10. 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...