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1. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...terms and conditions in the written contract. Did N Ltd breach the contract such that ZM and DX were justified in cancelling? 10. ZM and Mr Wang contend that N Ltd did not make sufficient efforts to find them a tenant and did not keep them informed of viewing numbers or feedback for the property. 11. NN provided a considerable amount of documentation to show the numbers of enquiries and viewings there had been for the property over the 6-week period. He noted that while he ul...

2. E85 Zaelene Maxwell-Butler - EIC - Ngāi Tai ki Tāmaki [pdf, 1.1 MB]

   ...this process is that we hope to secure better standing in respect of issues that impact on our kaitiaki duties, mana moana, mana whenua, takutai moana, and rangatiratanga within and over our takiwā. 57. Ngāi Tai understand that Panuku have requested a ten-year term as a part of its Application. Within this period, we may acquire title to the takutai and/or formal recognition of our customary rights. We are of the opinion that any consents approved in our Claim Area should be rev...

3. Miller-Hard v Stewart [pdf, 52 KB]

   ...page 4 of 8 3.5 Mr Morrison had been a Third Party in the District Court proceedings, but had been removed as a party prior to the proceedings being transferred to the WHRS adjudication. Therefore, as the Claimant had requested the matter be transferred to this adjudication without Mr Morrison as a party, I must presume that she did not consider that he should have been a party. 3.6 The Claimant identified Mr Morrison in the Notice of Adjudication as the

4. 2018 NZSSAA 001 (9 January 2018) [pdf, 131 KB]

   ...question is now before the Authority pursuant to the consent order of the High Court dated 5 May 2016. That order followed a joint memorandum filed by the parties, and the joint memorandum is referred to in the order. This order of the High Court formulated the issues for the Authority in the following way: 46.2 The matter is remitted to the Authority under High Court Rule 21.14(b) and (d) for reconsideration of the question of law in accordance with Williams J’s decision outlined...

5. [2013] NZEmpC 123 Grocott t/a Fluffy's Roof Coatings v Parratt [pdf, 55 KB]

   ...Hearing: on the papers Appearances: Philippa Tucker, counsel for the defendant Judgment: 8 July 2013 COSTS JUDGMENT OF JUDGE A A COUCH [1] In my judgment dated 22 February 2013. 1 I struck out the plaintiff’s claim for want of prosecution. This followed a failure by the plaintiff to comply with a direction to file amended pleadings and a failure to respond to an application by the defendant for an order striking out the proceeding. I reserved co...

6. DN v VM [2016] NZDT 971 (19 October 2016) [pdf, 21 KB]

   ...bolted down garden shed or spa pool, attached mantelpiece or bookshelves. Chattels are things that can be more easily removed and are not necessarily attached to the land. The vendor is able to take chattels with them, so long as they do not form part of the chattels in the sale. [9] What is a chattel or a fixture often depends on the circumstances. In considering what is a fixture or a chattel it is necessary to consider [10] The degree of annexation/ connection to the property,...

7. BK v YP Ltd [2013] NZDT 422 (25 November 2013) [pdf, 64 KB]

   ...the applicant received $6,300.00 does the bank have any potential liability from that time on? Findings Did the bank believe that the applicant had asked to withdraw $6,300.00? [8] The applicant says that he gave his bank card to the teller and requested to withdraw $3,300.00. He says that he did not sign anything nor did he receive a withdraw receipt. He further says that he did not see the money being counted on the counting machine as this was behind the computer terminal....

8. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...of the sale agreement; and the s 225 condition.4 [8] Mr HK delegated the task of looking after the legal work on that matter to Ms EH, a law clerk who had commenced work with the firm in February 2016. [9] On 17/18 March 2016, the purchasers requested a variation to the sale agreement by inserting an issue of title condition for their benefit and an extension of the finance condition date (the variation).5 Although it is not certain whether the variation was prepared by Ms EH or...

9. EH v C Ltd [2024] NZDT 599 (13 June 2024) [pdf, 174 KB]

   ...will then transport the board to its repairers for inspection and then back to its shop in [City], at C Ltd’s cost. 6. The claim is adjourned to enable both parties to have the board inspected by their selected experts, and provide further information in the nature of reports to the Tribunal. It would be useful if any experts who provide a report could also be available to be contacted by the Tribunal during the next hearing, CI0301_CIV_DCDT_Order Page 2 of 2 7. Either part...

10. Form 32-33 Judgment by Default [docx, 35 KB]

    Guidance on Using the Judgment by Default Template (Form 32/33 of the District Court Rules 2014) About the judgment by default [bookmark: Purpose]If your claim is a liquidated demand, a judgment by default may be requested (without the requirement of formal proof) if a defendant doesn’t file, within the required timeframe, either a statement of defence or a notice of appearance under protest to jurisdiction. A liquidated demand is a sum that: · has been quantified in, or can be precisely c...