Search Results

1. AB v XY LCRO 82/2013 and 379/2013 (9 June 2014) [pdf, 161 KB]

   ...instructions to obtain a Charging Order against Ms XY’s interest in a property in [city]. The registered proprietors of that property were Ms XY and LMZ Ltd. [10] In support of the application for the Charging Order Mr XV swore an affidavit in the form required by the District Court Rules in which he deposed that Ms XY was “beneficially entitled to the …” property. [11] On 18 January 2011 the District Court issued a Charging Order against the interest of Ms XY in the prop...

2. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...he compared the defects with the plans. [20] To that end, in his brief of evidence, Mr Summers compared Mr Howarth‟s conclusions as to defects which caused damage with the content of the building consent documentation in a table which formed part of his brief. Mr Summers referred to 17 points where he considered that the drawings were deficient. [21] Mr Summers related the specific weathertightness detail notes on the drawings to the technical literature to which they r...

3. [2021] NZACC 94 - Smith v ACC (1 July 2021) [pdf, 239 KB]

   ...summary of this. We’ve been unable to establish a causal link between your accident on 20/08/2015 and the condition which is to be treated, which means that we’re unable to cover this condition and we/re unable to approve your specialist’s request to pay for your surgery. [3] The decision concerns the initial request for funding filed by Mr Swan, orthopaedic surgeon relating to the 20215 accident. Subsequently, Mr Swan filed an amended request for funding with a chang...

4. QQ v R Ltd [2024] NZDT 741 (2 October 2024) [pdf, 223 KB]

   ...Page 2 of 5 9. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 10. SE representing R Ltd brought the Tribunal’s attention to the registration form signed by QQ when he checked in. He pointed to a clause that dealt with guests having to leave at 2100hrs, that the property was not a party house and there was to be no excessive noise. A stated security call out fee of $250.00 would be im...

5. [2022] NZACC 114 – Jamieson v ACC (15 June 2022) [pdf, 152 KB]

   ...(disbursements) incurred in pursuing his appeal, such as travel costs to a hearing, printing costs for preparing a bundle of documents, or the cost of obtaining a medical report for the appeal. Mr Hawes-Gandar did not receive a response to this request. [6] On 10 June 2022, Mr Hawes-Gandar filed a memorandum, submitting that there was no basis on which to make any costs order in favour of Mr Jamieson. Discussion [7] As noted above, Mr Jamieson has claimed financial compensation/rep...

6. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...and obtain qualifications in business management, for their visa applications to be successful they were eventually required to be in employment commensurate with their qualifications. One of the employees maintained in evidence that he was performing management duties at the general store where he worked. The other two freely admitted that they did not. While the second and third defendants did not give evidence, I can conclude, from the evidence I did hear and the documents pro...

7. [2020] NZEmpC 77 Kaukau t/a Sew & Sew v Hiri-Gualeni [pdf, 178 KB]

   ...and penalties to the Crown of $2,000.2 [3] In her de novo challenge Ms Kaukau claims that Ms Hiri-Gualeni was not an employee of hers but a contractor. She also says that the amount awarded for lost remuneration was overstated. The Court requested a Good Faith Report from the Authority [4] In the course of the Authority’s determination, the Authority recorded that Ms Kaukau did not participate in the Authority’s investigation: (a) she failed to provide employment recor...

8. FB Ltd v NG & BJ Ltd [2021] NZDT 1486 (6 April 2021) [pdf, 103 KB]

   ...FO is reasonable in the circumstances given its explanations for that approach. In that regard I find for FO and therefore award its damages claim in full. Referee: S. P. Kane. Date: 6 April 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 a rehe...

9. LX v HO Limited [2019] NZDT 1428 (19 June 2019) [pdf, 113 KB]

   ...hearing that GST inclusive figures would apply, regardless of whether an invoice would be presented. The award has therefore been calculated on that basis. Referee: J Robertshawe Date: 19 June 2019 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 or a mistake was made. If you wish to...

10. NW v B Ltd [2022] NZDT 145 (12 September 2022) [pdf, 114 KB]

    ...the above, the matter of damages in point 6(b) above does not need to be considered and the claim is dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: DTR Goddard Date: 12 September 2022 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 for a re...