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1. CF v CL [2024] NZDT 408 (2 May 2024) [pdf, 197 KB]

   ...22. CL filed a counterclaim seeking payment of $1.00. Effectively the counterclaim was a statement of CL’s defence to the claim. The counterclaim is dismissed. Referee: L Trevelyan Date: 2 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 re...

2. DM Ltd v BU [2024] NZDT 601 (3 July 2024) [pdf, 101 KB]

   ...and I do not consider that an award of damages is appropriate in these circumstances. 23. For these reasons I find that BU is liable to pay DM Ltd $4,098.97. Referee: L Trevelyan Date: 3 July 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...

3. B Ltd v MI & DE Ltd [2024] NZDT 476 (15 May 2024) [pdf, 138 KB]

   ...contract in relation to cancellation or under a statutory provision such as the Contract and Commercial Law Act 2017 (“CCLA”) 10. IU from B Ltd produced a copy of the reservation made by MI on 3rd October 2023. Under the heading “Extra Information” it states, “Cancellation policy: The guest can cancel free of charge until 7 days before arrival. The guest will be charged the total price of the reservation if they cancel in the 7 days before arrival.” 11. Upon making th...

4. Trustees of the Rowallan Block XIII Secs 1 and 5 Ahu Whenua Trusts v Orbell - Rowallan Block XIII Secs 1 and 5 Ahu Whenua Trusts (2015) 28 Te Waipounamu MB 37 (28 TWP 37) [pdf, 358 KB]

   ...The minutes of the meeting record that Mr Orbell outlined an offer of $1,970,095.00 with an increase to enable the trustee to negotiate and pay out third parties, namely solicitor, contractor and negotiator. The owners accepted the offer and requested that Mr Orbell negotiate settlement of all third party interests. The minutes of the hui do not record that the total consideration paid by the Crown to the Trusts was $2,882,279.00 plus GST. Nor do they refer to the amounts propos...

5. [2014] NZEmpC 88 Mega Wreckers Limited v Taafuli [pdf, 72 KB]

   ...challenge to the Authority’s determination. The statement of claim filed as a draft on 5 February 2014 will be regarded as having been validly filed today. [15] For the reasons touched upon in [11] above, I will be issuing a separate order requesting a good faith report from the Authority pursuant to s 181(1) of the Act. The respondent need not file a statement of defence until directed to do so by the Court. [16] Costs are reserved. A D Ford Judge Judgment s...

6. [2019] NZEmpC 117 Hatcher v Burgess Crowley Civil Ltd [pdf, 264 KB]

   ...was paid by way of holiday pay (including for public holidays, and alternative days off) when his employment with Burgess Crowley ceased was less than it ought to have been. [2] Burgess Crowley provided Mr Hatcher with his holiday and leave information for the period January 2010 to November 2016. Holiday and leave information for his employment prior to January 2010 was not retained by Burgess Crowley. In that context, the parties requested a preliminary hearing to det...

7. Gilbert v Accident Compensation Corporation (Claim for personal injury) [2024] NZACC 111 (3 July 2024) [pdf, 154 KB]

   ...description of an offence listed in Schedule 3. … (5) For the purposes of this section, it is irrelevant that— (a) no person can be, or has been, charged with or convicted of the offence; or (b) the alleged offender is incapable of forming criminal intent. [17] Section 25(1)(ba) of the Act provides: Accident means … the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion o...

8. [2025] NZLCDT 14 Wellington Standards Committee 1 v McCardle (17 March 2025) [pdf, 89 KB]

   ...a muddled lapse, not an exercise of wickedness. [17] We (the Tribunal) erred in omitting to refer, in our liability decision, to Mr McCardle’s having made an admission in relation to a discrete part of the charge. The Standards Committee requested us to recall the decision. We did not do so but there was an additional round of written submissions and further work by the Tribunal. We thought the Standards Committee was justified in pulling us up on our oversight. It was req...

9. Herbst v Accident Compensation Corporation (Claim for personal injury) [2024] NZACC 192 (27 November 2024) [pdf, 255 KB]

   ...Auckland/Tāmaki Makaurau District Court Appearances: The Appellant is self-represented L Hawes-Gandar for the Accident Compensation Corporation (“the Corporation”) Judgment: 27 November 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] These appeals from the decisions of a Reviewer are as follows: (a) ACAR 122/24: an appeal against the Reviewer’s decisi...

10. [2010] NZEmpC 57 Smith v Attorney-General for Commissioner Of Police [pdf, 29 KB]

    ...directed to be the plaintiff’s. The defendant likewise prepared the agreed chronology. In addition to the hearing itself which occupied four days, there were three telephone conferences between counsel and the Court and, at the plaintiff’s request, he provided additional disclosure of documents relating to the plaintiff’s argument that he had been the subject of disparate treatment when compared to other police officers in similar situations. As the defendant points out, thes...