Search Results

1. UC and NT Family Trust v TT Ltd [2020] NZDT 1497 (11 August 2020) [pdf, 137 KB]

   ...therefore would have made a windfall. 6. KC says they had a settlement and referred to email exchanges between UC and TT Ltd. I have considered the email exchanges and find that there was a settlement. Settlement agreements do not need to be formal. In particular the email from TT Ltd to UC dated 30 April 2020 saying they accept the abatement amounts offered being; 0% for Outgoings at all Alert levels 60% for days in Alert level 4 $115.70 + GST per day 15% for days in Alert level...

2. [2015] NZEmpC 92 Hally Labels Ltd v Powell [pdf, 426 KB]

   ...judgments and Court of Appeal decision [29] The restraint of trade [37] Categories of documents and behaviour which would amount to breach [42] Documents accessed – discussion (a) Tutty documents (b) Allegation relating to customer data and information which Mr Powell accessed from his computer for customers for whom he no longer had responsibility (c) Allegation that Mr Powell accessed sensitive files relating to Hally’s budget and business records [47] [47]

3. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...with a pre-accident valuation of $120,000.00. Mr XT sold the vehicle for $70,000.00, leaving a shortfall of $50,000.00. It said it was entitled to recover the repair cost (the amount it paid out). 15. On 10 May 2022, B Ltd provided Mr TT with information from the assessor and offered a settlement. 16. On 13 June, Mr TT replied: Without prejudice B Ltd initial email May 31st 2021 which I took offense to, which took on a deceptive flavour. The email received is not factual and bor...

4. FZ v KU [2022] NZDT 164 (26 September 2022) [pdf, 215 KB]

   ...clinic and after discussion, was operated on by KU and others to remove the lump. After the surgery the wound broke down. FZ decided to euthanise Monty. They have brought a claim against KU because they believe that they were not given enough information prior to the surgery and wasted money having the lump removed. They also claim that they were misled about the cost of the surgery. They have claimed $4,000.00 which is less than the cost of the surgery as compensation. 2....

5. U Ltd v D Ltd [2023] NZDT 652 (27 November 2023) [pdf, 200 KB]

   ...sum of $15,631.37. This includes interest [see paragraph 8) above] of $688.37. The counterclaim by D Ltd, and the claim by the U Trust, are both dismissed. Referee: GP Rossiter Date: 27 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 reh...

6. Wise v Commissioner of Police [2020] NZHRRT 44 [pdf, 169 KB]

   ...OF TRIBUNAL1 [1] Ms Wise is a former employee of the New Zealand Police (Police). Ms Wise was made redundant from the Police on 6 February 2015. After concluding her employment with the Police Ms Wise made a number of information privacy requests leading up to an information privacy request dated 19 June 2018 which is the subject of this claim. [2] Ms Wise did not receive a response to her information privacy request until 29 August 2019, which was after she had filed her claim...

7. Body Corporate 337872 Grace Joel Retirement Village Limited [2013] NZWHT Auckland 16 [pdf, 87 KB]

   ...DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL [1] Grace Joel Retirement Village Limited lodged a multi-unit claim with the Building and Housing Group of the Ministry of Business, Innovation and Employment for the units that form part of the Grace Joel Retirement Village. The assessor in completing his report accepted that the complex leaked and that the relevant building work was completed within ten years of the date the claim was lodged. The chief exec...

8. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

   ...framework 10 Proposed key elements of a new adjudication framework 10 Theme 1: Who could use an adjudication framework? 11 Parties that can use adjudication 11 What disputes can be adjudicated? 12 Voluntary participation 13 Setting a threshold for payment claims 13 Cross-border disputes 14 Theme 2: Who should provide adjudication services? 15 Adjudicator qualifications 15 Adjudicator authorisation 15 Adjudicator powers 16 Adjudicator duties 17 Enabling flexibility in adjudication methods 17 The...

9. SQ v UI [2023] NZDT 351 (10 August 2023) [pdf, 108 KB]

   ...between the parties? b) Whether UI owes any monies to SQ? c) Whether SQ is entitled to the transfer of the boat named [boat name]? 5. The relevant law is that of contract. Whether there was a contract between the parties? 6. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of the contract define the rights and obligations of the parties. 7. A breach of c...

10. [2020] NZEmpC 94 Independent Prosperity Ltd v Huang [pdf, 198 KB]

    ...allocation for that step, because the proceeding did not involve any notice to answer interrogatories such as might be administered under r 8.34 of the High Court Rules 2016.5 The company says that Ms Huang has incorrectly treated an informal request for copies of documents with signatures on them, for examination by an expert witness, as administering interrogatories. [24] Mr Hinchcliff considered the step to be applicable because it involved a response to a request for informat...