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1. 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...

2. 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...

3. [2008] NZEmpC WC 9/08 NZ Professional Firefighters Union & Ors v NZ Fire Service Commission & Ors [pdf, 35 KB]

   ...commence employment on Monday 26 May, that application was granted urgency by the Authority which conducted an investigation meeting on Friday 23 May and gave its determination the same day. The Authority declined the application. Upon being informed that all of the plaintiffs intended to challenge that determination, the Authority was subsequently persuaded to grant an interim injunction in very limited terms to preserve the position until these challenges could be made and decid...

4. S Ltd v MC [2025] NZDT 25 (9 April 2025) [pdf, 146 KB]

   ...time while the repairs were carried out. However, S Ltd has only claimed for the actual repair costs it incurred. 20. Damages for breach of contract are intended to restore a party to the position they would have been in had the contract been performed. They are not intended to put the party in a better position than they may otherwise have been in. CI0301_CIV_DCDT_Order Page 4 of 5 21. At the time the pump failed the excavator, including the pumps, had been operated for aroun...

5. McDonald v Peters [2012] NZWHT Auckland 51 [pdf, 159 KB]

   ...do nothing and wait eight years before proceeding further. That was an act of bad faith. Mr McDonald frustrated attempts to conduct inspections and prepare for mediation. Messrs Peters, Hislop and Brown briefly inspected the property and requested an opportunity to conduct testing. From 2004 to 2011 Mr McDonald declined to allow testing on the grounds that the tests and reports would only serve to minimise the respondents’ liability. The respondents subsequently sought and...

6. David Bain interim report of Hon Robert Fisher QC on compensation claim [pdf, 1.1 MB]

   ...this report.! 8. A full copy of your letter of26 September 2012 and annexures is annexed to this interim report. This interim report is confined to an analysis of the reasoning revealed in the Binnie Report itself. It is based solely on views I have formed in reading that report together with legal and research materials not specific to the Bain case. I have not derived assistance from the wider materials l isted in your letter so far, although much ofthat material would doubtless be rel...

7. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

   UNITED NATIONS CERD International Convention on the Elimination of all Forms of Racial Discrimination Distr. GENERAL CERD/C/SR.1538 23 July 2004 ENGLISH Original: FRENCH COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Sixty-first session SUMMARY RECORD OF THE 1538th MEETING Held at the Palais des Nations, Geneva, on Wednesday, 14 August 2002, at 3 p.m. Chairman: Mr. DIACONU CONTENTS CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY...

8. Harland v ACC [2012] NZACA 2 [pdf, 62 KB]

   ...application with written submissions. [6] Mr Nee Harland filed the application by way of a simple letter, which I accept as amounting to an application by Ms Nee Harland to reinstate the appeal under ACA No. 02/05. [7] The Corporation filed a formal opposition and submissions from Mr McBride, with a bundle of relevant documents and a supporting affidavit from Mark Davis, who was employed by the Corporation as an Improvement Analyst between 2002 and 2008, to address the large...

9. [2011] NZEmpC 157 Heritage Expeditions Ltd v Fraser [pdf, 158 KB]

   ...well have been suggested as an option or even seen as the best option, it is inherently unlikely that detailed management issues such as terms and conditions of employment would have been discussed at such a meeting. The company had yet to be formed, it was unknown when the company might be incorporated and there was no evidence that even the name had been decided at the time of the meeting on 5 September 2005. [56] Mr Russ’ evidence on this issue was entirely inconsistent with t...

10. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

    ...junior barrister who assisted Mr CD on aspects of the work, issued two invoices to Mr CD. Complaint (1) Initial complaint [15] Ms AB lodged a complaint with the Lawyers Complaints Service on 28 February 2017. [16] As noted above, Ms AB claimed Mr CD failed to act in her best interests (a) by not submitting her 8 October 2015 counteroffer to the vendors, (b) by not advising her about the alternatives to litigation to resolve the dispute and (c) by not, as she had requested,...