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1. Brown v Christchurch City Council [pdf, 38 KB]

   ...matter needs to go to a full hearing 3. It has been submitted the application concerning Ms Frankland cannot be determined at this juncture. The Tribunal rejects this submission. All relevant matters are before the Tribunal in either affidavit form or in the documents including the sale and purchase agreement. There is nothing to justify the expense of parties continuing in the proceedings if there isn’t sufficient evidence. In this case the fourth respondent was not...

2. 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...

3. [2018] NZEmpC 8 Nisha v LSG Sky Chefs NZ Ltd [pdf, 1.4 MB]

   SHABEENA SHAREEN NISHA (NISHA ALIM) v LSG SKY CHEFS NEW ZEALAND LIMITED NZEmpC AUCKLAND [2018] NZEmpC 8 [23 February 2018] IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 8 ARC 98/13 ARC 22/14 IN THE MATTER OF challenges to determinations of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN SHABEENA SHAREEN NISHA (NISHA ALIM) Plaintiff AND LSG SKY CHEFS NEW ZEALAND LIMITED First Defendant

4. [2012] NZCA 508 CA414/2012 Moodie v The Employment Court and Strachan [pdf, 147 KB]

   ...applicant. (b) Ms Strachan was entitled to half of the net profits of the applicant’s practice for the period of her employment together with half of the practice’s bank balance as at 31 January 2006, representing an allowance for work performed by her before that date. (c) The office purchase and rental arrangements were beyond the Employment Court’s jurisdiction. (d) Ms Strachan’s personal grievance was raised within time. (e) Ms Strachan was dismissed constructi...

5. Moananui v Cape Kidnappers Station Limited - Rangaika Native Reserve (2014) 31 Takitimu MB 179 (31 TKT 179) [pdf, 268 KB]

   ...status declaration in relation to Rangaika on the basis that he contends the history of the land suggests that it is Māori customary land held as a Māori reserve, and a declaration should be made in order for the land to be recognised as such. He requests that the land be managed by a newly incorporated body under the jurisdiction of the Māori Land Court. In the alternative, the applicant requests the land be declared a reserve pursuant to the Māori Reserves Act 1955. Procedur...

6. BN v DS [2023] NZDT 144 (31 May 2023) [pdf, 96 KB]

   ...BN had bought and paid for. (c) BN has received nothing in return for the $1,150 he paid to DS. Therefore BN’s loss is $1,150. (d) DS is liable to pay $1,150 to BN. 14. The bank account for payment is on Page 2 of the Disputes Tribunal claim form sent by email to DS on 4 May 2023 at 12.36 p.m. Referee: J.F. Tunnicliffe Date: 31 May 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

7. QD v QC [2023] NZDT 461 (3 July 2023) [pdf, 105 KB]

   ...480kg carcass should yield about 320kg in processed meat (two-thirds of the carcass weight). QC based this on: i. Conversations that he has had with other butchers; and ii. His own research on the internet. I can give little weight to information that QC gives me about what other people have told him. That is hearsay evidence. With regards to QC’s internet research, he provided a single citation from an unknown website which states: If you purchase a 1,200lb steer w...

8. KD v LT [2023] NZDT 317 (9 August 2023) [pdf, 93 KB]

   ...work, rather than proceeding to have repairs done without first contacting him. He said that some weeks had passed between the date he sold the unit and when he had first learned of KD’s concerns, and he had offered a refund as soon as he had been informed of the problems with the unit. The issue [6] I must decide whether the fridge-freezer was accurately described by LT as “good working” and, if it was not, what reasonable compensation LT must pay. The law CI0301_CIV_DCD...

9. SB v UC Ltd [2023] NZDT 454 (31 August 2023) [pdf, 171 KB]

   ...date of the order. I consider that interest should be paid from 9 June 2022, which comes to $818.63. The total sum payable is therefore $18,797.27. Referee: E Paton-Simpson Date: 31 August 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 rehe...

10. INZ (Calder) v Ji [2019] NZIACDT 50 (19 July 2019) [pdf, 246 KB]

    ...with Mr Ji having no contact with them. It is further alleged that this resulted in false documents being filed with Immigration New Zealand, so it is said he has also been negligent. [2] Additionally, Mr Ji declared on a number of application forms that he had “assisted the applicant with recording information on the form”, but as he did not directly work with the clients, it is contended the declaration was dishonest or misleading. [3] Mr Ji admits this conduct and theref...