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1. AW Ltd v ZD Ltd [2014] NZDT 672 (9 June 2014) [pdf, 23 KB]

   ...breach the implied deadline and therefore breach the contract? [6] What damages, if any, is ZD Limited entitled to? Decision Did the contract include a deadline by which the work needed to be completed? [7] Both parties agree the contract was formed at a meeting on Monday 21 October 2013. They agree the job was urgent. ZD Limited was approaching the two months of the year when it did almost all of its business and it had no website. It had been working on a website...

2. Auckland Standards Committee v Hylan [2014] NZLCDT 3 [pdf, 202 KB]

   ...document, entitled “Separation, Parenting, and Maintenance Agreement” (“the Agreement”). The Agreement did not accurately portray the position regarding Mrs S’s matrimonial affairs. Mr Hylan was said to have certified the Agreement as requested, knowing that it did not accurately reflect the true position of the parties to the Agreement. [3] The misconduct charge arose from the allegation made against Mr Hylan that at the time he certified the Agreement he knew:...

3. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

   ...the $1,000 to $3,500 range. [6] The essence of Stoneware’s position as to costs is: 3 At [23]-[24]. a) The case became unnecessarily complicated by Mr Kellerman’s unsubstantiated claims and his refusal to elaborate on them at the investigation meeting. b) The Authority disallowed three invoices from the sum claimed, which reduced the sum effectively then sought by Stoneware to $6,928.75. c) Costs were not used as...

4. [2014] NZEmpC 177 SAI Systems Ltd v Bird [pdf, 81 KB]

   ...Seyclean should not be joined as a party, the Authority stated: [6] The reasons for not joining Seyclean are as follows: i. The general rule is "that it is for the plaintiff to decide who he or she will sue …”. Mr Bird has not requested, and nor has he agreed to, his former employer, Seyclean, being joined to the matter he has asked the Authority to determine; ii. Lack of jurisdiction to award the type of relief sought. SSL seeks relief against Seyclean for an...

5. Turner v Auckland Council [2012] NZWHT Auckland 50 [pdf, 97 KB]

   ...for costs against Capstone which has been placed in liquidation. The liquidator, Digby Noyce, has consented to the Tribunal determining the application in accordance with s 248(1)(c)(i) of the Companies Act 1993. Mr Noyce has also filed a pro-forma opposition to an award of costs being made against Capstone in reliance upon “the applicable common law principles that regulate the Tribunal’s approach to awarding costs.” ISSUES [3] The issues are:- i. Did Capst...

6. [2020] NZEmpC 147 Carrigan v The Attorney-General [pdf, 167 KB]

   ...Regulations) provides a link through to the High Court Rules. The link is not, however, an automatic route that must be followed when determining matters coming before the Court. [8] As reg 6(2) makes clear, the High Court Rules only apply where no form of procedure has been provided for by the Act or the Regulations. And it is notable that r 4.56 is in comparable terms to s 221(a) in the sense that it contains no additional procedural overlay. What the Rules, however, do is ma...

7. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [pdf, 128 KB]

   ...errors made or unwilling to consider that he might be wrong. [11] Mr Golian’s advice to lodge a complaint and pursue an appeal rather than to follow the approach proposed by Mr Singh was found to be entirely ill-conceived. What Mr Singh had requested was sensible and appropriate, as Mr Golian ultimately realised. However, by that time, the intervening events had seriously compromised any prospects of success. [12] While the Tribunal found that it was impossible to be sure whethe...

8. BC v KG [2021] NZDT 1592 (4 August 2021) [pdf, 178 KB]

   ...latter would be out of reasonable proportion to the quality breach. I consider the sum awarded meets the merits and justice of the dispute and order it above. Referee: J Costigan Date: 4 August 2021. 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...

9. NH v RA Trustees Ltd [2020] NZDT 1373 (11 November 2020) [pdf, 106 KB]

   ...the parties met on site on 1 November 2019 to discuss the fence. As no agreement could be reached, NH forwarded a quotation from a fencing contractor for a replacement fence to RA Trustees Ltd on 1 February 2020 and referenced that quotation in the formal fencing notice she sent to them on 21 February 2020. CI0301_CIV_DCDT_Order Page 2 of 4 3. RA Trustees Ltd replied to the fencing notice informally on 27 February via their property manager, re-stating their desire and off...

10. II & SC v FX [2022] NZDT 229 (19 July 2022) [pdf, 100 KB]

    ...the Applicants decided not to proceed, the terms of the simple contract that they had with FX should have been implemented, that they were to be refunded the $8,000.00 as agreed. It was clear from the evidence that the Applicants kept FX as well informed as they could. FX simply “jumped the gun” in purchasing materials, without any contractual entitlement to do so. 8. FX alleges that the contract was cancelled for inappropriate reasons in that he had had a falling out with the Appl...