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1. SD v IE & DE [2021] NZDT 1588 (5 August 2021) [pdf, 262 KB]

   ...undertaking to be clearly articulated. If the parties had intended that the retention fund could be used for reasonable remediation and rectification costs only, with the balance being refunded to when the remediation was complete, this would have formed part of the undertaking. 11. I accept the submission of IE & DE that the purpose of the undertaking was to incentivise prompt completion of remedial works so that they could move in as quickly as possible, at a crucial time of the...

2. 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...

3. 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...

4. 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...

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. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...seemingly having “taken [it] upon himself” to act as executor and trustee of Mrs LF’s will instead of applying to the Court for directions when BG became unwell, and later upon BG’s death. (b) Personal property in the family home [39] Mr LF claims (a) Mr DN had not carried out Mrs LF’s wishes expressed in her will, and had ignored his lawyer’s requests for information about both Mrs LF’s and BG’s respective estates, and (b) Mr DN and JL had “no regard for the law...

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. DG Ltd v ID Ltd [2020] NZDT 1441 (24 August 2020) [pdf, 215 KB]

    ...is known by the technical legal term “consideration”. A contract can be oral, or written, or partly oral and partly written. CI0301_CIV_DCDT_Order Page 2 of 5 5. The correct way under the law to determine whether a contract has been formed is to take into account all the things said or written by the parties to each other, and, if possible, to find where an offer was made that was accepted. It will also be necessary to determine whether an exchange of value has taken plac...