Search Results

1. [2023] NZEmpC 76 McMillan v Resque Corporation 20/20 Ltd [pdf, 194 KB]

   ...of the defendant company’s property, interest on the money outstanding in accordance with the Interest on Money Claims Act 2016 and costs. [11] This morning Mr Johnston explained that the only sanction pursued at this hearing is a fine. A request was made, however, to preserve the application for sequestration if the Authority’s order remains unsatisfied. That request is dealt with later. [12] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer...

2. Fagan v CAC 20005 & Sinclair [2013] NZREADT 64 [pdf, 50 KB]

   ...licensee’s disclosure of the GST registration status of the vendors was contrary to an explicit instruction given by him. It is put for the appellant that the licensee’s disclosure allowed the purchaser to restructure its offer, with the benefit of information it would not otherwise have had, to the advantage of the purchaser and the detriment of the vendors. [10] The licensee contends that no such instruction was given and that, in any event, he was required to disclose the informa...

3. [2021 NZACC 189 – CD v ACC (30 November 2021) [pdf, 578 KB]

   ...attended mediation after the first hearing, but they were unable to achieve settlement. Post October 2018 matters [6] The appeal was adjourned part-heard on 11 October 2018. [7] Mr Duncan submitted the Corporation had not considered all relevant information when it issued the decline decision dated 27 September 2011. [8] The Court allowed time to the parties to discover and exchange documents. [9] Ms Deans filed reports from: • Dr Paul Holt dated 15 January 2008 • Dr...

4. [2018] NZEmpC 132 Nicholson v Ford [pdf, 308 KB]

   ...Crown. 29 Preet, above n 4, at [150]. 30 Stormont, above n 28, at [89]-[91]. 31 At [91]. 32 Nicholson v Ford [2018] NZEmpC 44. Costs – and possible issues relating to costs on penalty claims [49] Costs are reserved at the request of the parties. [50] As I indicated to counsel, given the nature of proceedings under s 134 and the public interest aspect of them, issues may arise as to whether such factors might be ma...

5. [2024] NZIACDT 17 – LB v Luv (23 May 2024) [pdf, 298 KB]

   ...terminate this agreement under this clause, We will be entitled to be paid a fair and reasonable fee as agreed. 19. COMMUNICATION 19.1 Our method of consultation is via email to avoid any miscommunication. Office and phone consultations can be requested but are at the discretion of the Adviser. Response times will be in order of urgency and in order of client communication received. Communication will normally be between business hours of Monday to Friday 9am to 5pm. Our office is cl...

6. IACDT - Section 54 Appeal form [pdf, 74 KB]

   The Immigration Advisers Complaints and Disciplinary Tribunal For more information visit www.justice.govt.nz/tribunals IACDT Number___________________________ Which party are you? (Please tick one) □ Complainant □ Immigration Adviser Section 54 Appeal Appeal to Tribunal against determination by Registrar to reject complaint A When to use this form Use this form if you want to appeal against the Immigration Advisers Authority’s decision not to refer your c...

7. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...determination from the Authority. It was submitted that Mr Halse’s communications were contemptuous. [12] On 23 May 2017, the Authority issued the first of the directions with which this judgment is concerned. It noted that Mr Beech had requested his memorandum be placed before an Authority Member urgently; Mr Halse had then told the Authority he was in a meeting until 1.00 pm that day and was not happy with Mr Beech’s approach. The Authority recorded that no further commu...

8. CN Ltd & ID Ltd v W Ltd [2022] NZDT 82 (18 March 2022) [pdf, 150 KB]

   ...replacement. 3. Initially, CN Ltd/ID Ltd purchased one replacement machine, a [WCN] machine, in September 2020, purchasing a second [WCN] machine in November 2020 following some discussions with W Ltd about making some adjustments to improve the performance of the first. A total price of $13,110.00 was paid for the [WCN] machines. 4. BH for CN Ltd/ID Ltd says that she made clear to HF before buying the [WCN] machines (which can be operated on gas or mains power) that she required m...

9. BI v OX [2021] NZDT 1543 (17 September 2021) [pdf, 325 KB]

   ...This was not meant to influence him, and he purchased the car of his own free will. He considered he was just answering a question. [21] Even though OX says he was not intending to induce BI to enter the contract I find the act of giving the information in these circumstances objectively had a foreseeable consequence of bringing about agreement. OX’s statement that BI purchased the car of his own free will suggests there needs to be a degree of pressure applied for there to be inducem...

10. BT v T Ltd [2024] NZDT 417 (16 May 2024) [pdf, 237 KB]

    ...used in BT’s business. Recently BT listed the lights for sale ([online] or similar). BT used the same description and photos of the lights that had been used by XX when he bought them. BT says he was contacted by someone through the selling platform who suggested that the two TN lamps might not be authentic. 9. BT then undertook some inquiries and became concerned that all of the lights might not have been accurately described by XX. He asked XX for proof of authenticity of the lig...