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1. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...$705.00 to DA on or before 31 January 2024; and Once the payment is made, DA is to make the scooter available for collection by YB within four weeks of payment. Reasons 1. The applicant purchased a new scooter from the respondent via [online platform] at a cost of $680.00 plus $25.00 shipping. The respondent is in trade – when the dispute arose, [online platform] provided the seller’s name as YB trading as XX. 2. The scooter did not have the charging range advertised but wh...

2. DG & J Ltd v BM [2024] NZDT 327 (23 April 2024) [pdf, 89 KB]

   ...by way of a quote, insurance assessment and invoices. J Ltd has paid fully for repairs. BM is to make payment to J Ltd. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: J.F. Tunnicliffe Date: 23 April 2024 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 a re...

3. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...objections were without substantial merit. Harrison J agreed with the adjudicator’s assessment of the situation. [19] The basis of this claim lacked substantial merit. [20] I therefore find that I am empowered to consider costs. Cost of claims made [21] The claimant raised a number of claims that I did not have to decide. However, the respondents were obliged to prepare for those claims, present evidence and make submissions. [22] When the hearing commenced on...

4. [2014] NZEmpC 118 Pyne Gould Corp Ltd v West [pdf, 80 KB]

   ...careful to ensure that the relevant act was performed in their capacity as legal advisers, especially if their activities and duties also extend to other work. This does not mean that every communication to the in-house counsel must be an express request for legal advice or that every communication from him or her must amount specifically to legal advice. But to be privileged, the communications must be directly related to the performance of the adviser in his or her professiona...

5. [2018] NZEmpC 111 Hines v Eastland Port Ltd [pdf, 256 KB]

   ...Worldwide NZ LLC [2016] NZCA 282, (2016) 23 PRNZ 260 at [11]-[12]. 8 Hines, above n 1, at [164]. 9 Chesterfields Preschools Ltd v Commissioner of Inland Revenue [2013] NZCA 44, [2013] 2 NZLR 499 at [20]. there was no response to that request other than the filing of the memorandum seeking costs later that day. [38] The Court’s approach to costs on applications for costs was discussed recently in Nisha v LSG Sky Chefs NZ Ltd (No 2).10 Applications for costs on costs a...

6. [2021] NZEmpC 214 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 273 KB]

   ...range of potential opportunities for cost savings. [20] Mr Austin wrote to the Trust on 19 April 2021. The letter was extremely critical of the proposal and, in places, made regrettable comments. The letter did, as promised, contain extensive requests for information. [21] The Trust did not supply the requested information or attempt to resume consultation. Instead, on 10 May 2021, the Trust’s lawyers wrote to Mr Austin to announce the outcome of the proposal. The letter...

7. [2021] NZACC 20 - Jamieson v ACC (28 January 2021) [pdf, 160 KB]

   ...Corporation [2015] NZACC 124 at [128]. [11] It is apparent that Mr Jamieson’s approach to the appeal added unnecessarily to the Corporation’s costs. In particular, considerable time was taken, and costs incurred in relation to Mr Jamieson’s request for an unless order/exemplary damages which Judge Walker found had no merit and was unjustified. The lengthy submissions and voluminous documents filed also added to the Corporation’s preparation costs.5 In addition, the subm...

8. [2024] NZEmpC 154 Hu v Passion Fresh Ltd [pdf, 180 KB]

   ...[3] The amount sought by Passion Fresh in costs is $19,269.38. That amount has been arrived at by assessing each step taken in the proceeding under Category 2B from the Guideline Scale and adding an uplift.3 Without an uplift the amount of the claim would be $15,415.50. The basis for claiming an uplift was Ms Hu’s rejection of a settlement offer made without prejudice except as to costs. The amount claimed is less than the actual costs incurred by Passion Fresh. [4] Mr McGoldr...

9. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...pages are missing, including the signed page and the page with the notice to the defendant regarding the filing of a statement of defence signed and sealed by the Registrar. [11] The registry informed the plaintiff of the above issues and requested that the affidavit be re-sworn and affirmed to address the above issues. More than a week passed, and the plaintiff failed to file an amended affidavit of service. [12] On 20 August 2024, the Court issued a further minute dir...

10. Form 3 - Criminal legal aid - Tax invoice - guilty plea [pdf, 372 KB]

    LA office use only Approve Defer Further information Refuse Comments Name Signature Date day month year Templates V7 –January 2015 01/15 form 3 Legal aid file no. Tax Invoice Criminal Legal Aid Guilty Plea Invoice date Invoice number GST number Lead provider’s ref. CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of...