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1. Jones v Accident Compensation Corporation (Personal Injury) [2024] NZACC 106 (25 June 2024) [pdf, 209 KB]

   ...at: Wellington/Te Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 25 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 30 October 2023. The Reviewer dismissed an application for review of th...

2. [2017] NZEmpC 76 Dent v Waikato DHB [pdf, 92 KB]

   ...filed a notice of opposition to the application by the defendant. In summary, the grounds of her opposition are that the documents are relevant, they contain historic information in relation to her allegations giving rise to her grievance claims, they are procedurally appropriate and also bear on the process which has already taken place in these proceedings and in particular the proceedings before the Employment Relations Authority (the Authority). [6] The hearing for th...

3. BN Ltd v DL [2020] NZDT 1517 (11 December 2020) [pdf, 178 KB]

   ...get it sent to your way.” DL replied, “So just to clarify for me, you mean I’ll end up with two trucks”, “Yeah”, “So, the same cost”, “Yeah”. 7. When interpreting a contract, the courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. In this instance, the agreement about a CI0301_CIV_DCDT_Order Page 2 of 4 s...

4. [2023] NZEmpC 70 Pietras v Vegar [pdf, 200 KB]

   ...plaintiff T Vegar, defendant Judgment: 2 May 2023 JUDGMENT OF JUDGE J C HOLDEN [1] This judgment deals with a challenge by Mr Jacob Pietras (Mr Pietras) to the Employment Relations Authority (the Authority) declining his request that it seek disclosure of information from Parliamentary Services.1 [2] The defendant, Ms Vegar, opposes the challenge; she says it is for Mr Pietras to correctly identify his employer, and that he should have done so before commenc...

5. MZ v GU Ltd [2022] NZDT 56 (5 May 2022) [pdf, 143 KB]

   ...supplied pre-wired for battery power (and a battery is only an optional extra, purchased separately). However the fact that it comes pre-wired for battery power is not a representation in itself and because the supply occurs after the contract is formed, cannot be part of any misrepresentation of the product. The statements in the advertisement are not in themselves misleading as the wording is “this set allows you to plug the power control box.. in at your garage”, not that it comes...

6. KB v KP [2023] NZDT 184 (13 June 2023) [pdf, 104 KB]

   ...U at their shop in [Suburb]. U are to release the bike to KB. Once the $7,700.00 has been paid to KB by KP he can organise to collect the bike from KB. Referee: Lucy Trevelyan Date: 13 June 2023 Page 4 of 4 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...

7. KG v M Ltd [2023] NZDT 627 (1 November 2023) [pdf, 267 KB]

   ...to pay the balance. M Ltd was concerned that it would carry out the removal service and not be paid the balance of the quote. KG disputed that she said she would not pay. 8. M Ltd declined to refund the deposit she had paid because it informed her in writing on 16 August when she was advised that to secure the booking, she would need to pay the deposit of $997.00 and that, ‘This is non-refundable within 28 days of commencement, unless M Ltd cancels the job. Remainin...

8. XY v OL [2023] NZDT 515 (16 October 2023) [pdf, 200 KB]

   ...the contract to purchase the vehicle? c) If so, is OL liable to pay XY all or any part of the $1,500.00 claimed? What were the terms of the contract between the parties for the sale and purchase of the [motor vehicle]? 4. A contract is formed when there is an offer and acceptance, when consideration is paid, when the parties intended to be legally bound, and when both parties are competent to enter into a contract. 5. XY’s evidence can be summarised as follows: a) On 29...

9. UX & H Ltd v K Ltd [2024] NZDT 717 (26 August 2024) [pdf, 140 KB]

   ...evidence to support a finding that K Ltd had been told there was any problem with the bin. K Ltd said in the hearing that if they had been told the bin was causing problems they would have treated the request with urgency, but in the absence of this information there was no need for urgency. In this context I consider that the delay by K Ltd in picking up the bin was not unreasonable. Whether K Ltd could reasonably keep charging S for a bigger bin after she had asked for a smaller one is

10. H Ltd v D Ltd [2025] NZDT 37 (27 February 2025) [pdf, 172 KB]

    ...cartoonish and more ‘serious’ for the wedding cakes D Ltd creates. I make no aesthetic judgments on the merits of these but note they are consistent with other ads I have seen on the H Ltd screens at various locations, and with similar platforms elsewhere. 11. I note: a. The first 2 ads were approved by D Ltd, while this may have been with a pressured feeling, the pressure came from the timing of the situation being little more than a week before Christmas, rather than due to...