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1. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   ...[102] The W proceedings were referred to by Mr Templeton as “a relatively straightforward professional negligence claim limited to a claim for wasted expenditure or costs thrown away”. As indicated, the previous solicitors’ costs, which formed the primary basis for the claim, amounted to $74,760 including expert fees. (The Jamieson Castles fee of $341,684 was later added in relation to the Shoreham proceedings fees charged.) [103] The fees in respect of the W proceedings to...

2. Waitemata DHB v Shalini Sharma (Work Related Gradual Process) [2023] NZACC 39 [pdf, 176 KB]

   ...affecting her sleep. The GP noted bilateral neck tenderness with minor discomfort on forward flexion. Neurology was unremarkable. Overall, the GP’s diagnosis was neck/trapezius strain. The GP completed an ACC 45 reflecting a work-place injury claim for sprain of the right neck and the left shoulder arising from the initial restraining event. Radiology carried out that day reported normal findings. [9] Wellnz then requested its head of Occupational Health and Safety Service, Dr...

3. NL v BU Ltd [2021] NZDT 1565 (28 July 2021) [pdf, 176 KB]

   ...entitled to a refund. Conclusion 8. For these reasons the second issue need not be determined, and BU Ltd is to refund NL $420.00 by the date stated in the order. Referee: K Rendall Date: 28 July 2021 Page 3 of 3 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...

4. N Ltd v O Ltd [2022] NZDT 245 (25 November 2022) [pdf, 137 KB]

   ...required to do as an agent acting for O Ltd. I was not responsible in any way for the delays that led to the death of paua. The actions of N Ltd did not cause O Ltd to have a failure of the delivery of live paua. Did N Ltd fail to disclose information about B Ltd’s terms and conditions to O Ltd? 3. O Ltd has claimed that N Ltd failed to notify O Ltd of terms and conditions on the Waybill supplied by B Ltd and therefore O Ltd was not aware that B Ltd would not be responsible f...

5. C Ltd v FE [2024] NZDT 48 (10 January 2024) [pdf, 168 KB]

   ...presented to support that C Ltd intentionally caused any damage. 6. For the above reasons, FE is to pay $1,487.58 to C Ltd before 10 February 2024. Referee: L Thompson Date: 10 January 2024 Page 2 of 2 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...

6. DQ v MD [2024] NZDT 47 (12 January 2024) [pdf, 93 KB]

   ...What was agreed regarding the time for delivery? b) Is DQ entitled to a refund? What was agreed regarding the time for delivery? 4. The common law of contract allows parties to enter into legally binding agreements. A contract does not require a formal written document, and I accept that a binding contractual agreement was formed between MD and DQ via text messages and emails. 5. The initial message sent by DQ on 5 July 2023 stated, “We have [sporting event] coming up in Sep &...

7. BX & EX v HT [2025] NZDT 17 (7 February 2025) [pdf, 117 KB]

   ...12(1) of the Act says notice may be delivered either personally or by posting it by registered letter. 4. The Act does not define ‘personally’ but the Contract and Commercial Law Act 2017 at s224 says a legal requirement to give information in writing is met by giving the information in electronic form, whether by means of an electronic communication or otherwise. 5. Ss(b) of that section says the person to whom the information is required to be given consents to th...

8. International Covenant on Civil and Political Rights - summary record 3rd report [pdf, 35 KB]

   ...Maori were further strengthened, in particular, through the consideration of claims by the Waitangi Tribunal, the establishment of a new mechanism for direct negotiation of Maori claims and the introduction of the Maori Option as part of electoral reforms. The electoral reforms had also included the adoption of a new system of mixed member proportional representation in Parliament. During the same period, refugee application procedures had been reformed and a Refugee Status Appeals Authority ha...

9. ADT & CR Insurance Ltd v ZWH [2013] NZDT 221 (9 May 2013) [pdf, 63 KB]

   ...evidence from an appropriate tradesperson that the brakes have been tested and found faulty. ZWH may have been incapacitated for a period of time because of an operation, but I cannot accept that prevented him from phoning the service station to request another copy. [7] I find that ZWH was negligent because he failed to give way. Was ADT negligent? [8] ADT had a responsibility to drive to the speed limit of 50 km/hr and drive at a lesser speed if the conditions warrant...

10. [2020] NZEmpC 45 Williams v Rural Livestock Ltd [pdf, 307 KB]

    ...is about payments made by the defendant, either to settle claims or to pay damages awarded against it, to clients it says were the victims of the alleged dishonest behaviour by the plaintiff while he was its employee. [11] The stay has been requested to enable the criminal proceeding to be concluded before this case is heard. The parties’ agreed position is that in order to establish, on the balance of probabilities, that the claimed losses arose from the alleged misconduct b...