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1. LCRO 185/2018 GT v NE (16 July 2019) [pdf, 206 KB]

   ...Credit Contracts Act. 5 Declaration of insolvency [25] In his response Mr NE does not refer to making a “declaration”. He advised that he had “more than 25 years’ experience of advising directors, liquidators and receivers” and had formed the view that the Company was insolvent. Mr NE provided the figures he relied on to form that view. His response was detailed. The $1.3m payment [26] Mr NE believes that the first time he was made aware of Mr GT’s “view” th...

2. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...quasi-contractual basis? Was there a valid and binding contract between B Ltd and JD? 12. 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. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. 13. A document was produced to the Tribunal dated 4 May 2023 and entitled “letter of preliminary engagement for development a...

3. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

   ...[33] Understandably, it is not part of Mr Saipe’s case that the 24 August 2013 email was not the instrument of his dismissal; the email was unequivocal; Ms Bethell advises Mr Saipe that the business cannot continue engaging his services and requests that he cease using the Cottages’ systems; he was asked to hand over login details. In his email of 26 August 2013, Mr Saipe recognises that Ms Bethell had dismissed him from his position in her email dated 24 August 2013. [34] M...

4. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Honourable Sir Grant H...

5. [2009] NZEmpC AC 10/09 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 21 KB]

   ...union’s rules and, if he is unhappy with the result, he may then raise a fresh employment relationship problem in the Employment Relations Authority. [17] The defendant having succeeded in its application is entitled to costs and at the request of counsel I have reserved these. They may be addressed by the filing of a memorandum, if they are not determined by agreement, once the issue of whether a notice of discontinuance will be filed has been decided by the plaintif...

6. Waitangi Tribunal - Part 2 Rangahaua Whānui District Auckland [pdf, 3.8 MB]

   ...All Woods and Waters, WPond © Copyright Waitangi Tribunal 1997 FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The...

7. ACN v ZXR Ltd [2013] NZDT 115 (26 September 2013) [pdf, 73 KB]

   ...gear lever, and lighting issues [23] The Applicant states that there was only the one photo in the advertisement. On balance, I accept her position on this point. This is because the only evidence on this point came from the Applicant in the form of the online advertisement, which shows just the one photo and makes no reference to more. JD has supplied more photos taken prior to the sale but no evidence that they were on the advertisement. There is also the fact that YR had to ph...

8. [2016] NZEmpC 159 Lumsden v Skycity Management Ltd [pdf, 101 KB]

   DAVID LUMSDEN v SKYCITY MANAGEMENT LIMITED NZEmpC AUCKLAND [2016] NZEmpC 159 [28 November 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 159 EMPC 175/2016 IN THE MATTER OF Proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application to state a case for the Court of Appeal BETWEEN DAVID LUMSDEN Plaintiff AND SKYCITY MANAGEMENT LIMITED Defendant Hearing: On papers filed on 7 and 23

9. [2017] NZEmpC 110 Below v The Salvation Army NZ Trust [pdf, 131 KB]

   ...anticipating an argument that this was a test case where costs should lie where they fall, submitted that Mr and Mrs Below’s circumstances were confined to a limited class. He said that the Court’s decision was unlikely to have a wide effect. The claim was not a representative action where others in identical circumstances would be spared the need for litigation by virtue of this proceeding. Simply because the proceeding was removed on the basis there was an important point o...

10. [2017] NZEmpC 166 Sawyer v VC of Victoria University [pdf, 425 KB]

    ...determination of the Employment Relations Authority ordering her to pay a penalty of $8,500 within 28 days.1 [2] The circumstances in which the Authority concluded that Dr Sawyer must pay a penalty have been addressed in an earlier judgment dealing with a request for urgency in this proceeding.2 1 Vice-Chancellor of Victoria University of Wellington v Sawyer [2017] NZERA Wellington 106. 2 Sawyer v Vice-Chancellor of The Victoria Uni...