Search Results

1. BX v DD [2022] NZDT 42 (23 May 2022) [pdf, 182 KB]

   ...was the offer that DD made to BX? (b) Did BX accept the offer within a reasonable time? (c) If so, is BX entitled to the costs of the new toilet seat and the cost to install it? What was the offer that DD made to BX? 3. A contract is formed when parties exchange promises that they intend to be legally bound by. BX agreed DD pointed out the crack in the ensuite toilet seat. He said that she told him she would replace it, but did not say exactly what she would pay for. He t...

2. Hagar v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 040 [pdf, 162 KB]

   ...could not obtain certification required under the Dog Control Act 1996, Judge Spiller found that the Corporation correctly concluded that the rehabilitation outcome of using the dog for support in public places could not be achieved, and so the request for funding for training was correctly declined. [11] Judge Spiller also found that because the inability to obtain certification of the applicant’s dog continued up to and beyond the review proceedings, the reviewer correctly fou...

3. IB v ED [2024] NZDT 95 (21 February 2024) [pdf, 140 KB]

   ...conversion of the tent poles being 25% of $5,288.00 $ 1,322.00 b. Less arrears for payment of container storage facility - $ 150.00 $ 1,172.00 Referee: L Thompson Date: 21 February 2024 Page 4 of 4 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...

4. Savage v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 083 [pdf, 273 KB]

   ...injury and considers that a previous lump sum payment of $500 made under s 79 of the Accident Compensation Act 1982 (1982 Act) and paid in March 1985 (1985 Payment) is inadequate. [4] On 4 April 2022, the Corporation’s decision declined the request for additional lump sum compensation, because the entitlement sought was provided under repealed legislation. The Court’s judgment of 14 December 2023 [5] Judge Spiller’s decision was essentially determined on matters of jurisd...

5. IQ v UF [2023] NZDT 1 (28 July 2023) [pdf, 218 KB]

   ...respondent was able to provide a verifiable answer in relation to his movie set deal which linked his activities to a personal hobby, and once the number of transactions after this deal were explained, the picture lacked probability as to his status as any form of “dealer”. If the same pattern had emerged in the year prior to his movie set purchase, or had he not retained cars from that deal, the outcome may have been different, but I am only able to make findings based on the evidence...

6. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...the matter, I am firmly of the view that this is a matter which will benefit from a further attempt to resolve the issues between the parties by means of a judicial settlement conference, mediation having already failed. [35] At the hearing I requested the plaintiff file a memorandum setting out the actual and reasonable costs and disbursements he has incurred as a result of the defendant’s failure to file the statement of defence in a timely manner. The plaintiff’s advocate f...

7. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...when he was employed, bond queries were dealt with by Bond Officers. [3] In 2008, his employer agreed that he would not be required to assume responsibilities for bond queries, notwithstanding that this was the case for some advisors performing tenancy work. This meant his primary focus would continue to be on work generated by the tenancy line. [4] In early 2018, Mr Gibson-Smith, now a Client Service Advisor, was requested to attend training about bond queries because M...

8. Pue – Te Ika a Maui, Te Ika a Ngahue (Te Waipounamu), Rakihura and Rekohu (2012) 295 Aotea MB 13 (295 AOT 13) [pdf, 101 KB]

   ...on 6 March 2012. [3] Unfortunately, Mr Pue was subsequently killed in an accident. No further submissions appear to have been received from Mr Waikerepuru. 295 Aotea MB 14 [4] Prior to that representatives of Todd Corporation Ltd also requested the opportunity to file submissions regarding the application. [5] The issue for determination is whether or not the Court has jurisdiction to consider the application. Submissions for the Applicant [6] Mr Pue provides a detailed...

9. [2018] NZEmpC 104 Lorigan v Infinity Automotive Ltd [pdf, 255 KB]

   ...stay, timetabling and unless orders, I made a further order that Mr Lorigan pay Infinity costs on a Category 2, Band B basis.4 [4] Infinity now brings an application for a compliance order asserting that its lawyers wrote to Mr Lorigan by email requesting payment; the amount sought was $5,240.50 for interlocutory judgment (No 3); and $15,944.50 for interlocutory judgment (No 4). [5] Mr Lorigan responded asserting that he was not liable for those sums, as he did not agree with th...

10. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

    ...filed and proceedings that are yet to be filed. Mr Hettig submitted that he did intend to file a substantive proceeding in this Court against ANZ but could not do so as ANZ had not provided a copy of the original home loan agreement which had been requested. [30] Rule 7.53 of the High Court Rules states: 7.53 Application for injunction (1) An application for an interlocutory injunction may be made by a party before or after the commencement of the hearing of a proceeding, whether...