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1. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...c. Is the amount claimed reasonable? Are QX & TX entitled to withhold [Company] monies from KD to offset other alleged liabilities? CI0301_CIV_DCDT_Order Page 2 of 5 4. When two parties exchange something of value a contract is formed. To be bound by a contract, both parties must be certain about the essential terms of the contract. In this situation, the parties agreed and signed a [Contract Agreement] on 20 February 2018. The agreement was to run from 1 June 2018 to 3

2. TD v S Ltd [2024] NZDT 308 (13 May 2024) [pdf, 195 KB]

   ...Referee: K Johnson Date: 13 May 2024 https://legislation.govt.nz/act/public/2017/0005/latest/link.aspx?id=DLM6844560#DLM6844560 https://legislation.govt.nz/act/public/2017/0005/latest/link.aspx?id=DLM6844561#DLM6844561 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...

3. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE A A COUCH [1] This judgment decides two interlocutory applications made by the defendant. The first is an application for security for costs. The second seeks an order striking out the second amended statement of claim. [2] These applications have been made in the course of proceedings which have been before the Court since 9 July 2012. In the 13 months since they were commenced, the proceedings have involved numerous interlocutory applications...

4. BU v LN & KB [2025] NZDT 172 (17 April 2025) [pdf, 115 KB]

   ...been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract may be written or oral; formal or informal. When assessing whether there is a concluded oral contract between two parties, it is necessary to examine all the circumstances to determine whether it is reasonable to infer that a concluded bargain was reached, that is, t...

5. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...January 2020) in the Authority on behalf of Julie Nicholson in respect of three personal grievances. Progress to Health was named as respondent. [4] Progress to Health filed a statement in reply (dated 11 February 2020), which included a counterclaim. The counterclaim alleged that Ms Nicholson had breached the confidentiality clause in her employment agreement and sought penalties against Mr Halse and CultureSafe for aiding, abetting, inciting or instigating that breach pursuan...

6. NQ & TQ v WQ [2023] NZDT 360 (24 July 2023) [pdf, 106 KB]

   ...document or his bank records and if it that was incorrect, then it would be normal to expect an objection to be raised to that by WQ. g. It was suggested that WQ was previously used to dealing with payments by way of cheque in [country] and this form of advance was unknown to him and he did not read it or understand it. I find this suggestion unlikely. It is the transfer of a substantial amount of moneyback in 2005 and is the only record of it. It is reasonable and more likely than n...

7. Owners of 52 Aitken Terrace [2012] NZWHT Auckland 40 [pdf, 89 KB]

   ...sufficient information to identify when specific work was completed and council records are often incomplete. In these circumstances she considered it reasonable to take into account the dates of council inspections and the dates those inspections were requested to determine the likely date the work was completed, even if it may not produce an exactly accurate result. [11] The High Court has consistently held that the built by date is the point at which the house was physica...

8. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...REPRESENTATION: Mr M Ward, agent for plaintiff Ms S Bell for first defendant Ms K Elkin for second defendant Dame Beverley Wakem DNZM, CBE for third defendant DATE OF DECISION: 4 February 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v...

9. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...applicant sought a futiher adjournment on the grounds that a case stated for the opinion of the High Comi per section 72 of the Act was being contemplated. A telephone conference was held on 15 June 2005 where counsel for the applicant restated the request for an adjournment without disclosing the basis for the section 72 application to the High Couti. Then on 17 June a final conference was held by telephone where counsel for the applicant formally withdrew the application. Submissi...

10. LT Ltd v IU [2024] NZDT 531 (24 July 2024) [pdf, 227 KB]

    ...dismissed. Reasons: 1. In 2020, 2021, and 2022, LT Ltd says it was contracted by TC to supply staff Christmas hampers at [City 1], [Suburb], and [City 2] hospitals. Terms of these arrangements were agreed over a series of emails, rather than a formal, signed contract. While the contract had a commercial basis LT Ltd also viewed hamper project work as part of its community outreach, in support of healthcare workers throughout the impact of the Covid-19 pandemic. 2. In Jun...