Search Results

1. [2012] NZEmpC 85 Patel v Pegasus Stations Ltd [pdf, 46 KB]

   ...of claim filed on 28 October 2011. The plaintiff’s de novo challenge is a defended matter and therefore requires a directions conference and the allocation of a fixture to deal with it. [3] If the plaintiff’s application amounted to a request for judgment by default it must therefore be dismissed. [4] The defendant has filed a memorandum accepting the plaintiff’s request that the directions conference take place with the plaintiff, in person, in chambers at the Cour...

2. Form 16 - Waitangi Tribunal proceedings - Tax invoice [pdf, 536 KB]

   Templates V10 – July 2016 page 1 07/16 form 16 Tax Invoice Waitangi Tribunal Proceedings Legal Aid File No. Invoice Reference No. GST Number Invoice Date Covers the period from to To: Legal Aid, DX Box Number City Name of aided person WAI Number Lead Provider Legal firm Postal Address Stage of Inquiry for this Claim Stage 1 – Case Book Stage 2 – Interlocutory Conferencing Stage 3 – Hear...

3. Form 16 Waitangi Tribunal proceedings [pdf, 536 KB]

   Templates V12 – August 2017 page 1 08/17 form 16 Tax Invoice Waitangi Tribunal Proceedings Legal Aid File No. Invoice Reference No. GST Number Invoice Date Covers the period from to To: Legal Aid, DX Box Number City Name of aided person WAI Number Lead Provider Legal firm Postal Address Stage of Inquiry for this Claim Stage 1 – Case Book Stage 2 – Interlocutory Conferencing Stage 3 – He...

4. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...with reasonable care and skill. The law of bailment provides that a person in possession of another person’s goods is required to take reasonable care of the goods. 14. QU Ltd was handling a device which contained personal and private information. Therefore, it had to take reasonable steps to ensure that it kept track of the hard drive once it was removed from the laptop and that the hard drive was returned to the customer once the job was completed. Did QU Ltd breach a duty...

5. WH v P Ltd [2023] NZDT 542 (16 October 2023) [pdf, 199 KB]

   ...mother died and when he was in [country 1]. b. The respondent did not return to site until 22 January 2023, and this was at the insistence of the applicant as her husband had died. As she had a number of guests to attend the funeral, she needed some form of kitchen. At this point the respondent constructed a temporary kitchen in the applicant’s garage and removed the rubbish from the demolition. c. The respondent then did not return to the site until 2 February 2023 and started to...

6. DI Ltd v NW & Ors [2024] NZDT 657 (13 September 2024) [pdf, 209 KB]

   ...the trees that are on the park, and from the strops used to hold and lower them into place. He said the rooves were the most badly affected, although he did not provide any photos of that damage. NW did provide photos of some damage, mostly in the form of scratches, to some of the cabins. He said that each cabin suffered some damage. A few photos also showed some dents. 10. NW engaged the builder who built the cabins, Mr D, to provide his opinion of what caused the damage. Mr D...

7. TS v A Ltd [2024] NZDT 495 (30 May 2024) [pdf, 194 KB]

   ...damages are appropriate in this case. 22. For these reasons I find that A LTD is liable to pay TS damages of $ 1,137.18 ($417.18 + $720.00 = $1,137.18). Referee: Lucy Trevelyan Date: 30 May 2024 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 rehe...

8. [2010] NZEmpC 120 Musa v Whanganui DHB & Anor [pdf, 83 KB]

   ...against the Board; Mr Musa’s resignation; the dismissal on lack of jurisdiction grounds of a claim for damages by Mr Musa against the Board and Mr Solomon; and finally this bitterly fought and defended claim for monetary penalties by the Board’s former Chief Executive Officer (CEO) against an individual member and now former surgeon employee of the Board. Despite a number of interlocutory rulings and judgments defining and confining the parameters of relevant evidence, the hear...

9. LCRO 169/2017 NR v WP (30 October 2018) [pdf, 111 KB]

   ...Wellington, 2016) at 352. 6 Ridehalgh v Horsefield [1994] Ch 205 (CA) at 234. 7 At 233. 8 Duncan Webb “Conflicts of Interest” (paper presented to New Zealand Law Society Ethics for Litigators, July 2011) 27 at [41]. 5 [22] Mr WP says he formed a view that [Company A] had a caveatable interest, checked that view with two senior counsel who agreed, and proceeded. Caveats may be lodged pursuant to s 137(1) of the Land Transfer Act which says that:9 Any person may lodge a cave...

10. [2024] NZEmpC 224 Kongbang v Lotus Touch Ltd [pdf, 192 KB]

    ...jurisdiction to determine the orders sought against him. [5] Ms Kongbang now applies for orders setting aside the appearance and directing Mr Johnson to file a statement of defence. This judgment resolves that application. Legal principles [6] No form of procedure has been provided for such an application in the Act or the Employment Court Regulations 2000, so the Court is required to dispose of the case in accordance with the provisions of the High Court Rules 2016.4 [7] Rule...