Search Results

1. GD v T Ltd [2024] NZDT 351 (22 April 2024) [pdf, 202 KB]

   ...I find that T Ltd was not entitled under the terms and conditions of the contract to retain any of the deposit, and so T Ltd is liable to repay GD the $920.00 it has retained. 4. The law that applies is the law of contract. There was a contract formed when GD accepted T Ltd’s estimate to paint the outside of her rental property. The terms and conditions of the contract are set out in the written estimate that T Ltd provided in April 2023. 5. There is a clause entitled “Deposit R...

2. BP & EP v H Ltd [2024] NZDT 290 (9 May 2024) [pdf, 92 KB]

   ...Director of H Ltd, H, submits that the overarching principle in contractual interpretation is determining the meaning that the document would convey to a reasonable person having all the background knowledge available to the parties when the contract was formed. The ordinary and natural meaning of the words are a powerful indicator of what the words mean. 7. H says that on 23 March 2022 he explained all clauses in the contract, including Part 7, to BP and EP, in person. He recommended...

3. Harris & Ors as Trustees of the Estuary Trust v Veltman [2010] NZWHT Auckland 19 [pdf, 231 KB]

   ...leaky home. They are however only claiming the estimated costs of Page | 8 what the remedial work would have been. The actual cost they have incurred in the demolishing and rebuilding are significantly greater than the amount being claimed. WHAT ARE THE DEFECTS THAT CAUSED THE LEAKS? [15] Warren Nevill, the Tribunal’s assessor, and Stuart Wilson, the claimants’ expert, gave evidence of the defects in the dwelling that caused the leaks. They were in general...

4. [2007] NZEmpC CC 21/07 Gorrie Fuel (SI) Ltd v Gittoes [pdf, 108 KB]

   ...that assists in the efficient day to day operation of the service station. [10] The rate of pay for the position was recorded as $23.50 per hour. The agreement also provided: Hours of Work. The position is that of an on-call employee to perform work as and when requested by the employer. Hours so worked shall be paid at the rate above, for each hour worked, with a minimum payment of one hour. The hours of work to be worked are between the hours of 6.00am and 11.00pm Monday to Su...

5. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

   ...with some subarticular stenosis at L4/5. In summary: I think in the first instance Adele would benefit from some continued core strengthening exercises. We will trial some medial branch blocks and if this is successful we can progress onto requesting some nerve ablation type treatments for the anterior rami. The chances of this being successful I think are at least moderate and the more definitive type of management for this problem would involve an L3/4 and L4/5 anterior lumb...

6. [2022] NZEmpC 131 Farrand Orchards Ltd v Tane [pdf, 342 KB]

   ...occurred three years ago. Both were certain that their respective descriptions of events were correct, but each also made corrections to that evidence. [36] Two examples will suffice. Mr Farrand initially said Mr Tane had sent him an email requesting a copy of an employment agreement on 16 March 2019. He had thought this email was the means by which an issue had arisen as to whether Mr Tane would or would not rent orchard accommodation. Subsequently, he acknowledged th...

7. Cross v Accident Compensation Corporation (Claim for personal injury, revocation of cover) [2024] NZACC 58 [pdf, 277 KB]

   ...Held at: Wellington/Whanganui-a-Tara by AVL Appearances: M Williams for the Appellant T Lynskey for the Accident Compensation Corporation (“the Corporation”) Judgment: 8 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, revocation of cover – s 65(1), Accident Compensation Act 2001 (“the Act”)] Introduction [1] The following appeals are lodged by Mr Cross: (a) ACR 144/22: lodged against the Reviewer’s decision...

8. Schimanski - Succession to Tamati Hapimana [2022] Chief Judges MB 489 (2022 CJ 489).pdf [pdf, 798 KB]

   ...General land is ‘Umuhapuku 2D1 Block’ (LINZ Identifier NA20B/177) which is solely owned by Rowena Cook-Causer. For the record, this application has no effect on the current status or ownership of Umuhapuku 2D1 Block. Court Research / Land Information New Zealand Research – Whenua 17. Research has identified the history and current status of the blocks set out at paragraph [9] of this Report as follows: a) Utakura 2B1D8A Block On 30 September 1966 (4 Kaikohe MB 216...

9. Greaterex v Preston [pdf, 41 KB]

   ...credit the settlement sum received from the other respondents of $205,000.00. [4] Mr Tim Preston filed a preliminary response to the claim dated 10 March 2009 but chose not to attend the hearing. In his absence the hearing was essentially a formal proof process akin to that followed by the High Court in Body Corporate 191608 v Jontaeshyan Investments Limited & Ors (unreported) [19 February 2009] HC ,Auckland, CIV 2008-404-002358, Asher J. The claimants thus proceed on...

10. [2024] NZEmpC 31 Halse v Employment Relations Authority [pdf, 206 KB]

    ...application for costs. Background [2] These proceedings have a lengthy and protracted procedural history. They stem from personal grievance proceedings filed in the Employment Relations Authority in January 2020 by Mr Halse on behalf of a former employee of Progress to Health and from a counterclaim filed in February 2020 by Progress to Health against both its former employee and Mr Halse. The counterclaim involves a claim that the former employee breached their employment agr...