Search Results

1. GT v SGG Ltd & Ors [2017] NZDT 1047 (27 November 2017) [pdf, 83 KB]

   ...the CCLA is a revision Act under the Legislation Act 2012, and applies to contracts regardless of whether they are entered into before or after the Act came into force. [11] Since the trailer had not yet been built at the time the contract was formed, the contract involved a sale of future goods by description. Unless “a different intention appears” (s 145), rule 5 in s 146 applies, and property passes “when goods of that description that are in a deliverable state are uncond...

2. [2022] NZACC 65 – Estate of Margaret Taiapa v ACC (21 April 2022) [pdf, 199 KB]

   ...neck injury relating to the accident, noting the delay of over 12 months and the insufficient evidence available to accept that a neck injury was sustained in the accident. [18] On 21 February 2018, Mrs Taiapa provided a medical certificate to request cover for a neck injury and prolapsed disc to be added under the original claim. [19] On 28 February 2018, Mr Wickremsekera reported that x-rays conducted on Mrs Taiapa showed previously seen listhesis at C3/4. [20] On 9 March 2018,...

3. ACN v ZXR Ltd [2013] NZDT 115 (26 September 2013) [pdf, 73 KB]

   ...gear lever, and lighting issues [23] The Applicant states that there was only the one photo in the advertisement. On balance, I accept her position on this point. This is because the only evidence on this point came from the Applicant in the form of the online advertisement, which shows just the one photo and makes no reference to more. JD has supplied more photos taken prior to the sale but no evidence that they were on the advertisement. There is also the fact that YR had to ph...

4. [2016] NZEmpC 159 Lumsden v Skycity Management Ltd [pdf, 101 KB]

   DAVID LUMSDEN v SKYCITY MANAGEMENT LIMITED NZEmpC AUCKLAND [2016] NZEmpC 159 [28 November 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 159 EMPC 175/2016 IN THE MATTER OF Proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application to state a case for the Court of Appeal BETWEEN DAVID LUMSDEN Plaintiff AND SKYCITY MANAGEMENT LIMITED Defendant Hearing: On papers filed on 7 and 23

5. [2017] NZEmpC 110 Below v The Salvation Army NZ Trust [pdf, 131 KB]

   ...anticipating an argument that this was a test case where costs should lie where they fall, submitted that Mr and Mrs Below’s circumstances were confined to a limited class. He said that the Court’s decision was unlikely to have a wide effect. The claim was not a representative action where others in identical circumstances would be spared the need for litigation by virtue of this proceeding. Simply because the proceeding was removed on the basis there was an important point o...

6. LCRO 185/2018 GT v NE (16 July 2019) [pdf, 206 KB]

   ...Credit Contracts Act. 5 Declaration of insolvency [25] In his response Mr NE does not refer to making a “declaration”. He advised that he had “more than 25 years’ experience of advising directors, liquidators and receivers” and had formed the view that the Company was insolvent. Mr NE provided the figures he relied on to form that view. His response was detailed. The $1.3m payment [26] Mr NE believes that the first time he was made aware of Mr GT’s “view” th...

7. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...quasi-contractual basis? Was there a valid and binding contract between B Ltd and JD? 12. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. 13. A document was produced to the Tribunal dated 4 May 2023 and entitled “letter of preliminary engagement for development a...

8. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...in the neighbouring block, as recorded in WHRS claim no. 499, was $191,360.44. Page 9 [22] In March 2004, the Council issued a notice under section 42 of the Building Act 1991 to rectify the building work. In June 2005, the Council requested access to the unit in order to carry out an invasive report. Richard Maiden of Prendos was engaged by the Council to do that work. A copy of his report was sent to the claimants in October 2006. [23] Mr and Mrs Bacic attempted...

9. ACC Fixed Fee Schedule updated 29 Sep 22 [pdf, 200 KB]

   ...grant of aid can be assumed as consideration of the prospects of success will be required first. • If there are no prospects of success aid will be ceased. Special disbursements are available for medical and other reports When a provider requests for a report to be funded they must also provide: • the name of the expert, • a reason why this particular expert has been chosen, and • the question(s) the expert is being asked to address. If a second independent specia...

10. [2019] NZEmpC 15 Downer NZ Ltd v Livingstone [pdf, 226 KB]

    ...receiving a predictable sum each month. It is this process which has partially led to the present dispute. [5] When Mr Livingstone left employment on 19 September 2017, Downer calculated his final pay for the broken month. I will deal with the formula it used to calculate this payment shortly. Mr Livingstone did not agree with the basis of calculation for several reasons and commenced a wage arrears claim before the Authority. The determination of the Authority found in favour o...