Search Results

1. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...he and his colleague (a Mr Vasan) had met with Mr Vithal after the contract was signed but denied telling Mr Vithal that he did not need to reply to correspondence. [10] It is the assertion by Mr Vithal that Mr Kolich was to receive payment that forms the basis of the charge against Mr Kolich. [11] The Tribunal heard a great deal of evidence about the dissent at the Society and the factions which had formed, some were pro Mr Kolich and some were against him. Each party appeared to...

2. Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73) [pdf, 202 KB]

   ...requesting a judicial conference to address matters raised between him the Trust. Those matters relate to land that was formerly the site of Rangatahi College in Murupara. The college was closed on 27 January 2013. [6] The judicial conference, requested by Mr Emery, was held on 5 September 2014. Mr Emery complained that the trust has failed to provide him with information relating to the return of the former school site. During the judicial conference I indicated that a forma...

3. [2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd [pdf, 222 KB]

   ...is conducting an investigation into possible claims against Fletcher Group Ltd on behalf of some shareholders. Fletcher Construction is part of Fletcher Group. [5] Mayweathers anticipates that documents on the Court’s files may contain information important to its investigation because Mr Johnston was Fletcher Construction’s Financial Controller. Mayweathers understands that an aspect of the claim was about allegations as to the handling of financial information by Fletcher

4. Gilford v Accident Compensation Corporation [2016] NZACA 03 [pdf, 75 KB]

   ...have been determined had now been resolved in Mr Guilford’s favour. THE LAW [12] Mr Guilford was injured during the currency of the 1982 Act. Notwithstanding the repeal of that Act, the Authority continues to have jurisdiction over certain claims arising from personal injury by accident occurring on or before 30 June 1992 (section 391 of the Accident Compensation Act 2001 – “the 2001 Act”). In terms of procedure, it is the appeal provisions in the 1982 Act that are ap...

5. FT v SV [2018] NZDT 1516 (19 December 2018) [pdf, 179 KB]

   ...an earlier rule on which rule 9.12 was based, namely reg 53 of the Traffic Regulations 1956. In Berrett v Smith [1965] NZLR 460, Hutchinson J held that reg 53 was designed to protect the purchaser, and that breach of reg 53 made the seller’s performance of the contract illegal, permitting the innocent purchaser to recover any amount paid in respect of the contract. On other hand, in Fenton v CI0301_CIV_DCDT_Order Page 2 of 3 Scotty's Car Sales Ltd [1968] NZLR 929, Woodhouse J...

6. EC v CF Ltd [2022] NZDT 15 (25 February 2022) [pdf, 195 KB]

   ...spend large sums in a night. 9. In any case, I am not satisfied that it would be equitable in all the circumstances to set aside the contract. This is not a situation involving a mere exchange of promises, but one where the contract has been fully performed. CF Ltd’s contractors cannot take back their services, and I find that it would not be equitable for the EC to receive a refund for services he received and twice renewed, albeit while drunk. The claim must therefore be dismissed.

7. UH v KM Ltd [2023] NZDT 111 (30 June 2023) [pdf, 117 KB]

   ...alternative repair by LU on 26 October was premature, and so KM Ltd is not liable for the balance of the repair costs. The claim is dismissed. Referee: GM Taylor Date: 30 June 2023 CI0301_CIV_DCDT_Order 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 r...

8. BORA-advice-Contracts-of-Insurance-Bill-PUBLISHED.pdf [pdf, 250 KB]

   ...minimising costs and impacts on insurers’ willingness to provide insurance in New Zealand. 6. The Bill consolidates statutes and key aspects of the common law relating to insurance which are currently fragmented across 6 different Acts. It: a. reforms the law relating to the disclosure of information by policyholders to insurers before an insurance contract is entered into or varied, b. modifies the law relating to the duty of utmost good faith that all insurance contracts are ba...

9. HD Ltd v DX [2023] NZDT 781 (20 November 2023) [pdf, 176 KB]

   ...defence to the claim is not accepted. I find there is no proven reason why HD Ltd should not be paid the outstanding amount of $4,191.18 for work done. Referee: J.F. Tunnicliffe Date: 20 November 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 r...

10. KM & OM v S Ltd [2023] NZDT 485 (27 September 2023) [pdf, 94 KB]

    ...that no cleaning costs were incurred, and the terms and conditions referred to only preclude a refund of accommodation costs not any additional charges. Referee: Hannan DTR Date: 27 September 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...