Search Results

1. NG v CG [2024] NZDT 343 (26 April 2024) [pdf, 145 KB]

   ...• The sum of $30 monthly commencing on or before 20 May 2024 and continuing until fully paid. • If any payment is missed the balance owed at the time of default becomes due immediately. • J Ltd will contact CG and provide all necessary information so a payment plan can be set up. Reasons: 1. NG was stationary at a Give Way on [Road 1]’s intersection with [Road 2]. CG was driving on [Road 2] intending to turn right into [Road 1]. 2. CG’s car impacted NG’s car as CG

2. OT v XQ Ltd [2024] NZDT 619 (22 August 2024) [pdf, 186 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 the Courts may sometimes now enforce such contractual penalties, if appropriate (Cavendish Square Holding BV v Makdessi [2015] UKSC 67). 6. Because of XQ Ltd’s absence and lack of submissions, I have no information beyond OT’s evidence, which I accept in any event. 7. A parking building company arguably has a legitimate interest in de-incentivising parking where no fee is paid in breach of the parking contract. Part of the obvious purpose...

3. D Ltd v G Ltd [2024] NZDT 448 (5 June 2024) [docx, 268 KB]

   ...made return essentially impossible. This is reflected by the fact that very few of the [food] was returned to G Ltd by any of its customers. Referee: L. Mueller Date: 5 June 2024 CI0301_CIV_DCDT_Order Page 1 of 2 [image: crest_BW] 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 rehearin...

4. Carley (INZ) v B [2015] NZIACDT 96 (17 November 2015) [pdf, 179 KB]

   ...Complaint identified two potential breaches of the 2010 Code, and one arising under the Act. In essence they were: [7.1] Ms B breached clause 1.1(a) and (b) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) in that she did not perform her services, and carry out her instructions with due care, diligence and professionalism. The particulars were: 3 [7.1.1] She was the sole licensee in the practice where she worked since March 2009, and was responsible...

5. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...within Mr Pender’s group. Mr Pender viewed this as a vacancy to which he should be appointed. The company did not view things in this way. Mr Pender surmised that this was because he was pursuing a personal grievance. The April 2018 issue formed the basis for a second claim of unjustifiable disadvantage. [4] The Authority upheld Mr Pender’s claim, awarded him $800 by way of reimbursement for lost wages and $12,500 compensation under s 123(1)(c)(i) of the Employment Relations...

6. BORA Tauranga Moana Iwi Collective Redress Bill [pdf, 279 KB]

   ...Crown, trustees of Ngā Hapū o Ngāti Ranginui Settlement Trust, Ngāi Te Rangi Settlement Trust, and Te Tāwharau o Ngāti Pūkenga Trust, and on behalf of the Tauranga Moana Iwi Collective Limited Partnership. 3. It provides cultural redress in the form of: 3.1 a statutory acknowledgement by the Crown of statements made by Tauranga Moana Iwi of their cultural, historical, spiritual, and traditional association with certain areas, and the effect of that acknowledgement; 3.2 the esta...

7. Austin v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 180 [pdf, 634 KB]

   ...was prescribed Roaccutane. The appellant also suffered spinal pain and stiffness for which he sought chiropractic and osteopathic treatment. [3] On 29 March 2015 Dr Holtzhausen, musculoskeletal medicine specialist, lodged a treatment injury claim with the respondent. This claim sought cover for diffuse idiopathic skeletal hyperostosis (DISH), which is a form of arthritis which involves the tendons and ligaments around the spine. [4] On 11 December 2015, the Corporation accepte...

8. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

   ...resolved under the Property (Relationships) Act 1976. [10] At 10.02 am on 22 December 2016, Ms SM’s lawyer stated (in her accompanying 21 December 2016 letter) that Ms HW, by acting for Mr JK and his parents against Ms SM was conflicted, and requested Ms HW to reconsider. Ms SM’s lawyer repeated that Ms SM wanted both properties sold, the sale proceeds held pending a Court order, and stated Ms SM did not agree to any funds being paid to Mr JK’s parents. [11] In response by...

9. [2008] NZEmpC WC 15/08 Weston v Fraser [pdf, 59 KB]

   ...by Mr Weston through Sportscar World. There were later discussions about commissions on sales and the possibility of a raise. He was approached by Ms Allen just before his first raise, and, together with another staff member, he filled out tax forms. [12] An issue later arose between the parties as to the registration of a Nissan vehicle. In view of the proper concession on behalf of Mr Weston that the subsequent dismissal was unjustifiable, there is no need to canvass this mat...

10. [2012] NZEmpC 28 Chen v Banclogix Ltd [pdf, 60 KB]

    ...prepared to include the additional claims for expenses. The notations “Parking”, “Taxis (x4)”, “Expenses”, “Admin Fee” and “Courier Expenses” are all too vague to be meaningful. [4] I am prepared to accept that, based on the information before me, the starting point for assessing the defendant’s reasonable costs, after applying the two thirds rule in Binnie v Pacific Health Ltd, 3 would be a figure in the order of $8,000. In the normal course of events,...