Search Results

1. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...sought this accrual to be added to his annual leave entitlement. He seeks a declaration that he is entitled to that accrued annual leave as between the date of his dismissal and reinstatement because the defendant has refused to comply with his request. It is common ground that the plaintiff is no longer in the employment of the defendant. [4] The strike-out application pleads that no reasonable cause of action has been raised and that the plaintiff’s proceedings are an abuse of...

2. Wati v Accident Compensation Corporation (Claims process and Costs on Appeal) [2024] NZACC 109 (27 June 2024) [pdf, 198 KB]

   ...Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: R Chand for the Appellant F Smith for the Accident Compensation Corporation (“the Corporation”) Judgment: 27 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process and costs on appeal] Introduction [1] The following appeals have been lodged: (a) ACR 319/19: lodged on 12 December 2019. The appeal is against the decision of a Reviewer dated 15 November 2019. The Reviewer dismissed the

3. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...was facilitating the conference on behalf of the Tribunal, and therefore had the discretion to exclude any person from contributing to the conferral process. (c) A repairer who was a respondent in an application with alleged defective works, requested that it was removed from the application. The insurer opposed as it wanted to recover against the repairers. The Tribunal allowed the removal application, on the basis that preliminary evidence showed that it was unlikely that the...

4. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...met with TTC and MWL at various times over the next 10 months in order to ascertain the reasons for the leaks are to reach agreement on a solution. [35] In approximately March 2008 Mr Steve Amrein of TTC returned again to the site, at the request of the claimants and KBL, to attempt to resolve the issue of the leaks with the deck. Mr Amrein removed some tiles from the deck and then resealed the membrane. [36] In June 2008 TTC was advised that there was still leaking p...

5. II v XQ Ltd [2021] NZDT 1610 (6 July 2021) [pdf, 178 KB]

   ...difficulty of reading it. [4] II denied that he had a contract with XQ Ltd because, he said, the sign had been difficult to read. As the sign could be read only after he had entered the car park, his argument was that no contract could have been formed at the time he drove in. He also argued that, if a contract had been formed (which he did not accept), a fee of $65.00 could not reasonably be charged by XQ Ltd. This was because he considered the sum was a penalty, and did not reflect any...

6. [2010] NZEmpc 98 Marshment v Sheppard Industries Ltd [pdf, 81 KB]

   ...of its investigation meeting, it nevertheless had ample opportunity to seek to do so on this challenge by hearing de novo, but did not. [11] The e-mails or other written communications are not complete records because material that formed part of them is considered by the defendant to be so secret that it cannot be disclosed to Mr Marshment’s counsel in this case. [12] Finally, the submissions to be made by the plaintiff were said by Mr Allan to contain numerous and re...

7. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...as well as making them fail in their duties to be responsible, for the asset the marae. Any potential liabilities like this grant which they may acquire. When confronted with these issues the trustees simply failed to turn up to the meetings requested by myself, and advised others not to bother to attend. They continued on their merry way. It is clear that there is some support in the Court for the organised meeting for the trustees to continue. No doubt the Court will take tha...

8. NG v TF [2022] NZDT 18 (24 February 2022) [pdf, 195 KB]

   ...whether TF agree to pay for the cost to replace the glass and if she is liable to pay the amount claimed of $462.30? Did TF agree to pay for the cost to replace the glass? If so, is she liable to pay $462.30? 4. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. A contract does not have to be in writing for it to be enforceable. 5. NG said TF agreed...

9. NM v BU Ltd [2021] NZDT 1580 (24 June 2021) [pdf, 210 KB]

   ...his claim. Having carefully considered all the issues I find that NM has not proven the tow fee should be refunded and therefore must dismiss his claim. Referee: P McKinstry Date: 24 June 2021 Page 3 of 3 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 re...

10. [2011] NZEmpC 64 Brake v Grace Team Accounting [pdf, 78 KB]

    ...assertion, it had not suffered a turnover downturn in 2010, either actual or projected, at the time of her dismissal, and the firm was not overstaffed nor was she considered surplus to requirements. She claims that she was provided with erroneous information about the company’s 2010 financial turnover, she was not provided with any information about its projected workload although this had been requested, and the defendant refused to explain the process that led to include her am...