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1. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...determination that the plaintiff must pay arrears of wages to the plaintiff. In colloquial terms, any hearing will have an “all or nothing” outcome for the parties so far as personal grievance remedies are concerned. [11] The statement of claim filed on behalf of the plaintiff is not in appropriate form, containing as it does large amounts of proposed evidence and critical analysis of the Authority’s reasoning. The plaintiff is directed to file and serve by 4pm on Monday 3...

2. Youngman v Waikato District Health Board (Strike-Out Application) [2017] NZHRRT 43 [pdf, 171 KB]

   ...settled by agreement in April 2012. That agreement provided that it was made in full and final settlement of all matters between the parties arising out of any intended or actual employment relationship. [6] On 25 November 2013, Mr Youngman made a request to WDHB, pursuant to information privacy principle 6, seeking his personal files, files relating to the tenure of his employment, any material relating to the disestablishment of his position, subsequent negotiations and settlement, a...

3. BN & SC & XC v NT & MP [2021] NZDT 1670 (30 June 2021) [pdf, 236 KB]

   ...his conversation with MP. That conversation involved an exchange of valuable consideration – XC granted accommodation to NT’s client, and NT granted security for the tenant’s obligation to pay rent. 16. My finding is that a contract was formed between XC (as trustee of the Trust) and NT. 17. However, the contract that was formed was a contract of guarantee. NT agreed to “answer to another person for the debt, default, or liability of a third person” (section 27(4) Propert...

4. O Ltd & P Ltd v UU [2023] NZDT 474 (4 September 2023) [pdf, 174 KB]

   ...any lien over the car. There is no legal right to hold goods until the owner of the goods pays a third party. 10. Neither is there any worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. Is the buyer entitled to damages? 11. The tort of detinue applies where a person entitled to possession of the goods requests the return of goods, and the other party...

5. BW v BB [2024] NZDT 646 (20 August 2024) [pdf, 180 KB]

   ...her room. BW claims that part of the verbal agreement was that BB would not leave before duration of the fixed term tenancy. BW denies that this was a part of the agreement. 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The law of contract requires parties to a contract to adhere to the terms of that contract unless there is a legal reason not to do so....

6. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   ...teleconference Mr Brown said his claim is “clear enough” and described NZ Post’s application for particulars as “rubbish”. Mr Brown chose not to file any submissions. [18] In a decision dated 1 December 2016 the Tribunal granted NZ Post’s request for particulars and ordered Mr Brown to file by 16 December 2016 an amended statement of claim that provided sufficient particulars to enable NZ Post to be fairly informed of the case to be met. 13 13 See Brown v NZ Post L...

7. MD v UI [2023] NZDT 694 (21 December 2023) [pdf, 189 KB]

   ...Collections Unit of the District Court and discuss enforcement. Contact details are on the back of this order. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Hannan DTR Date: 21 December 2023 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...

8. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the process of powder coating? 6. When two parties reach agreement about, for example, one party providing services in exchange for a fee, a legally binding contract arises. The contract’s terms are those agreed at the time the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies g...

9. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...the failure one of a substantial character? e. If yes, is the amount claimed by BX & TX reasonable? CI0301_CIV_DCDT_Order Page 2 of 5 Are BX & TX in breach of contract by not paying invoice 00127 on time? 4. A contract is formed when two parties agree to exchange something of value. In this situation BX engaged ND LTD to complete interior painting work at the BX and TX’s home in [Street], [City]. 5. ND, the sole director of ND LTD, told the Tribunal she and...

10. NW v LO [2023] NZDT 699 (15 December 2023) [pdf, 213 KB]

    ...12. It is also noted NW did not provide evidence to support the value of the items claimed. 13. The claim is accordingly dismissed for failure of proof. Referee: DTR Edwards Date: 15 December 2023 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 reh...