Search Results

1. CX v I Ltd [2025] NZDT 150 (20 May 2025) [pdf, 174 KB]

   ...openers, with him. He said that he was told by a salesperson there that he, the salesperson, would have to search for the parts that were needed. The following day, CX returned to the premises and spoke to I Ltd’s manager, TE. CX said that TE then informed him that no component parts were available, and that he would need to purchase a complete set of new gate openers which would cost more than $1,000.00. CX said that he was angered by this; he left the store and immediately purchased th...

2. CI v DG and others [2025] NZDT 197 (19 May 2025) [pdf, 143 KB]

   ...impact by a vehicle. The absence of serious injuries is also consistent with CI’s description of the dog having run off down the road after the impact and the fact that he could not locate her when he followed. CI has also provided evidence in the form of a text exchange he had with the dog’s owners which indicates they were not disputing that their dog had been hit by his vehicle. 8. Given that the escaped dog matches the description of the dog CI’s vehicle impacted, and the es...

3. [2023] NZEmpC 181 Henderson Travels Ltd v Kaur [pdf, 296 KB]

   ...extent that the keys were needed to allow the electrician access to the office, there was no connection between that work and requiring the laptop and mobile phone to be left behind. Mr Sikri could not adequately explain why he denied Ms Kaur’s request to take the laptop home and to work from there. He attempted to say it was for security reasons, referring to an unfortunate incident when someone attempted to take Mr Grover’s work laptop from him while he was away from...

4. [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...

5. 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,...

6. 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....

7. August 2017 Legal Aid News [pdf, 170 KB]

   ...News is generally published in the last week of every month. IN THIS ISSUE … Changes to Legal Aid News Mileage rate changing to $0.73 per km and $0.81 per km (electric car) for invoices received from 1 September 2017 Criminal application forms – AVL option added in signature section Parole applications Couple of reminders Queries? Changes to Legal Aid News We are making changes to the way legal aid provider news will be delivered in the future. As of next month, new...

8. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   ...Ltd serviced EB’s mooring in 2013, 2016, and 2019. 4. In February 2022, N LTD sent EB an email advising him that his mooring certificate was due for renewal in August 2022. The email included a link to make a booking online, and some information about pricing and terms and conditions (discussed in more detail below). 5. In April 2022, EB sent N LTD an email authorising them to service the mooring again. 6. N LTD carried out the job in November 2022. They lifted the moo...

9. [2013] NZEmpC 106 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 160 KB]

   ...This did not apply to all the defendants; two received increases, two did not. (b) Concerned at the consequences, which might flow from this, and to verify the accuracy of the information, Mr Oldfield wrote to Ms Gorgner on 16 February 2011 requesting wage, time, holiday and leave records for the previous 12 months. He provided a list of transferring employees. (c) Ms Gorgner replied, stating she was frantic with transfer issues and was busy. She asked whether Mr Oldfield wa...

10. [2016] NZEmpC 97 Banks v Hockey Manawatu Inc [pdf, 193 KB]

    ...of sch 2 of the Act, which bestows a broad discretion on the Authority to order one party to pay another such costs and expenses as the Authority thinks reasonable. The applicable principles are contained in two full Court judgments: PBO Ltd (formerly Rush Security Ltd) v Da Cruz, 4 and 3 Mr Drummond’s scale calculation contained two arithmetical errors; after correction, Mr Drummond’s scale assessment produced a figure of $36,...