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1. 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...

2. [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...

3. LA Children's Workers exemption appeals Fee Schedule updated 29 Sep 22 [pdf, 223 KB]

   ...Initial instructions not followed through $290 For • taking instructions, attending the client • preparing application for legal aid • contacting the client • closing the file • reporting to client Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/order(s) Activity Fees T...

4. CAC 20004 v Kolich & Anor [2014] NZREADT 39 [pdf, 59 KB]

   ...he and his colleague (a Mr Vasan) had met with Mr Vithal after the contract was signed but denied telling Mr Vithal that he did not need to reply to correspondence. [10] It is the assertion by Mr Vithal that Mr Kolich was to receive payment that forms the basis of the charge against Mr Kolich. [11] The Tribunal heard a great deal of evidence about the dissent at the Society and the factions which had formed, some were pro Mr Kolich and some were against him. Each party appeared to...

5. Form 32a Family Invoice Care of Children [pdf, 235 KB]

   Version 19 – September 2022 page 1 09/22 form 32a Tax Invoice Family Legal Aid Fixed Fees Care of Children/Guardianship Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final i...

6. AS v EI Ltd [2023] NZDT 2 (24 January 2023) [pdf, 169 KB]

   ...I find that EI Ltd is liable to pay to AS a refund for the plant and the consequential loss of the cost she paid for shipping, a total of $44.00 claimed. 7. AS also wished to claim the $45.00 filing fee, stating that the Tribunal’s online information said that would be ordered to be paid by the other party if she was successful. I have invited her to email through a copy of that page, because it will need to be corrected if she has indeed read that in our pre-hearing information. Se...

7. EI v AI JBH Ltd [2020] NZDT 1542 (15 January 2020) [pdf, 169 KB]

   ...that he reasonably believed could have seriously injured or even killed him. Therefore he is not liable to pay compensation for the damage to EI’s car. Referee: E Paton-Simpson Date: 15 January 2020 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 reh...

8. TC v DG [2023] NZDT 25 (17 March 2023) [pdf, 187 KB]

   ...quality or durability. Legally that risk is hers and cannot be shifted back to DG, so the claim must be dismissed. Referee: E Paton-Simpson CI0301_CIV_DCDT_Order Page 2 of 3 Date: 17 March 2023 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...

9. EN v ML [2022] NZDT 257 (19 December 2022) [pdf, 188 KB]

   ...for EN to prove his claim it must be shown that his version is more likely than ML’s. Because he has not the claim cannot succeed and must be dismissed. Referee: P McKinstry Date: 19 December 2022 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 a r...

10. TC v DG [2023] NZDT 25 (17 March 2023) [pdf, 166 KB]

    ...the risk that it might not be of good quality or durability. Legally that risk is hers and cannot be shifted back to DG, so the claim must be dismissed. Referee: E Paton-Simpson Date: 17 March 2023 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 a re...