Search Results

1. T Ltd v EL [2023] NZDT 472 (9 August 2023) [pdf, 196 KB]

   ...requirements of the Property Law Act 2007 because it was not signed by EL and is unenforceable. 7. For this reason, the claim must be dismissed. Referee: Verdun Tawhara Date: 9th day of August 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 f...

2. 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...

3. 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...

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. Darby Trust v Auckland Council [2012] NZWHT Auckland 52 [pdf, 56 KB]

   ...its case and at the time when it conceded liability to the claimants. [23] In addition, there are other defects which are not affected by the producer statement allegedly given by the plasterer. Examples of those defects include poorly formed rainwater outlets, deck gutters inadequately waterproofed and leaking joinery. The Council did not rely on the producer statement in relation to those defects. It still issued a code compliance certificate. [24] Accordingly, ev...

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. 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...

8. [2020] NZIACDT 34 ZT v Li (20 July 2020) [pdf, 340 KB]

   ...The three of them agreed at this meeting that approval of the transfer should be sought before investment. Ms Li seeks approval of the funds transfer [11] On 22 February 2016, Ms Li sent the transfer documents to Immigration New Zealand and requested confirmation that the funds had been correctly transferred. She advised that the complainant had transferred $1.65M to his bank account in New Zealand. Once the agency had confirmed the transfer, the complainant would invest the fu...

9. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

   ...Ture Whenua Maori Act 1993 (section 237). It is not an oppOttnnity to change the nature of the trust by redefining the class of beneficiaries or by imposing a new purpose for the trust. [62] Mr Tane's submissions were that while the trust was formed following a Wai settlement, the Wai 51 claim was based on the public works acquisition of the land by the Crown and its non-retum. Thus the trust f0l111at should not be affected by some wider view of overall Treaty performance by th...

10. [2021] NZACC 183 – Butler v ACC (16 November 2021) [pdf, 340 KB]

    ...have a covered claim for cervical injury. [12] He therefore has a concern that this attitude on the part of ACC has tainted subsequent medical reports. [13] He refers to a report from surgeon Andrew Oakley, dated 6 January 2015. At the request of ACC’s case manager, Mr Oakley met with the appellant and performed a medical case review. [14] This review report includes the following: He dates the onset of his neck problems to a motor vehicle accident in 1996. He was...