Search Results

1. 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...

2. Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138 (52 TTK 138) [pdf, 132 KB]

   ...Act 1967. However, the status of the land was returned to Māori freehold land by order of the Court on 18 August 2010, which was registered against the title on 2 August 2011. [3] The Council made a previous attempt to pursue Mr Maihi for the claimed unpaid rates. On 1 September 2011 the Council filed proceedings in the District Court at Kaikohe seeking judgment and a charging order. The Council was unaware at the time that the land was by then Māori freehold land and pursued the...

3. Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (2017) 178 Waiariki MB 24 (178 WAR 24) [pdf, 283 KB]

   ...parties had filed a joint memorandum of counsel advising that they considered it was unnecessary for the application to proceed to a hearing, and the application could be dismissed with no order as to costs. At the hearing however, Mr Dennett requested that the application not be dismissed and the issue of costs be considered. Judge Savage noted that the records sought were now to hand and reserved the issue of costs. He directed the trustees to file submissions as to costs within...

4. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...wished to proceed regardless. [20.4] Ms Khetarpal then proceeded to file the EOI she did so electronically. The electronic system prevents a non-qualifying application, so Ms Khetarpal had to file the electronic documents stating the applicant had “claimed” points for skilled employment; though she knew he did not have the points. She excuses this falsity on the basis it only says the applicant “claimed” points, not that he had the points. The electronic form also required a decl...

5. LCRO 48/2019 VW v EX and TY (3 May 2021) [pdf, 324 KB]

   ...them who decided to appeal. He asked for a retainer of $5,000 from each of them. He advised if they lost they may be liable to pay the BC’s costs of “around $15,000”.41 [106] Mr TY confirmed the estimate in his 4 October 2015 letter, and requested they each pay the $5,000 retainer by 16 October 2015. He enclosed the firm’s terms of engagement, noting “a number” of the group were “behind” with payment of the firm’s invoices for the High Court proceedings. 41 U...

6. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 24 KB]

   ...between him and the claimants for remediation and because that remediation failed, Mr Sweetman was liable in the sum of $1,600. Liability of Maxi Holdings Ltd – Remediation Applicator Maxi Holdings Ltd was engaged to undertake remediation at the request of Mr Olsson and/or the Picollo Trust. However the Tribunal found that the only loss is that suffered by Mr Olsson who paid for an ineffective remediation but such loss was of his own making as he specifically directed the scope of t...

7. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...This is a de novo challenge by Mr and Mrs Cronin- Lampe to a determination of the Authority dated 12 June 2013. 1 That determination dealt with the personal grievances that Mr and Mrs Cronin-Lampe commenced against the BoT and which they had formally raised on 26 January 2012. The grievances were not settled at mediation. The determination followed a four-day investigation meeting conducted by the Authority. The claims were dismissed in

8. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   ...upstairs deck adjacent to the master bedroom. Secondly, the Maliks noticed that the windows in the downstairs lounge area were causing leakage to the inside carpet walls and window sills, necessitating immediate repair. At that time they engaged Forme Developments Limited to effect repairs at a cost of $1,216.98. The third water ingress concern was leakage through the windows of the upstairs bedroom facing the front of the house. [19] Mr Malik stated that they made attempts ear...

9. 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...

10. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

    ...property or it being on the market. [6] However, under a private treaty dated 9 September 2010 with settlement on 17 September 2010 the property was sold to the tenant by the second respondent. Subsequently, the appellant licensee attempted to claim commission on the basis of the signed Residential Management Authority with reference, of course, to the said clause 8.2 of that document. The Orders of the Authority [7] In a 6 March 2011 decision the Authority (through its Comp...