Search Results

1. KN v X Ltd [2024] NZDT 158 (7 March 2024) [pdf, 180 KB]

   ...take due care by providing notice to affected residents, by approaching residents personally, and by placing the steel plate and traffic cones when the remedial work was done. 13. I find that KN, on the balance of probabilities based on the information, was aware of the steel plate being on the footpath. And that it was KN’s decision to drive intentionally, after personally removing the traffic cones, over the steel plate, which resulted in the damage to his vehicle. 14. For...

2. BC v Z Ltd [2024] NZDT 156 (3 April 2024) [pdf, 181 KB]

   ...storage spaces at the property. If yes, what remedy is available? 15. I find that no remedy has to be considered given my finding on the first issue. Referee: A Chand Date: 3rd April 2024 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 r...

3. IF v EX [2023] NZDT 217 (5 May 2023) [pdf, 176 KB]

   ...bond of $460.00, so the balance owing is $1,757.00. Conclusion 9. For these reasons EX is to pay IF the sum of $1,757.00 by the date stated in the order. Referee: K Rendall Date: 5 May 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 rehe...

4. TS v XX [2024] NZDT 625 (4 September 2024) [pdf, 176 KB]

   ...In effect, no notice was given. The respondent was paid up to 17 January. The applicant is entitled to an order for 3 weeks rent, which is $600.00. Referee: GP Rossiter Date: 4 September 2024 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 r...

5. WO v BN and ors [2024] NZDT 433 (13 June 2024) [pdf, 175 KB]

   ...the parts purchased was provided. Further, in the absence of independent mechanical evidence about symptoms, the car may have been “running well” (in lay terms) in spite of a low coolant level/crack in the radiator. 6. Given the specific information gleaned from his own inspection of the car for sale (low coolant level), I cannot find that the more general statement “runs well” induced WO’s entry into the contract to buy the car. Even though he says he asked the buyers abou...

6. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

   ...practitioners make themselves available as costs assessors, their work is voluntary but time-consuming and costs assessments can therefore take considerable time. This was certainly the case in this instance. [28] The costs assessor, a senior practitioner, requested and was provided with Mr ID’s file. He also requested Mr ID’s time records. Mr ID advised that his time records had been destroyed as a result of a change from a manual, hardcopy timesheet system to an electronic syste...

7. [2014] NZEmpC 227 O’Hagan v Waitomo Adventures Ltd [pdf, 129 KB]

   ...Braun and M Brady, counsel for defendant Judgment: 12 December 2014 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] Mr O’Hagan was employed by Waitomo Adventures Limited (WAL). He departed from the company in 2009. He subsequently claimed, amongst other things, that he had been constructively dismissed. The Employment Relations Authority (the Authority) dismissed that aspect of the grievance and awarded costs of $3,500 in WAL’s favour. 1 Mr O’Hagan challenged the...

8. RX v KL LCRO 31/2014 [pdf, 137 KB]

   ...Committee at first instance on review. It would be inappropriate for this Office to do so. [35] In the circumstances, there are good reasons to modify the decision by deleting paragraphs [69] to [71] and the subheading “Other Matters”. Request for reimbursement [36] Section 210(2)(a) of the Act provides for a LCRO to order NZLS to pay costs to a lawyer, such as Miss RX, to whom proceedings relate. [37] I have considered Miss RX’s request for reimbursement with that po...

9. IG, JX, KX c/-XG Trust v SI [2018] NZDT 1482 (27 August 2018) [pdf, 151 KB]

   ...finishing so that she could give the subtenants at least a month’s notice. The parties then signed the lease renewal. 14. After the work started, it became clear that it could not be restricted to after-hours, and a rent reduction was agreed. SI informed the trustees that most of the therapists would be moving out for four weeks, and emphasised the importance of renovations being completed before everyone returned, “so we definitely need plenty of notice if the renovations are not co...

10. EN v B Ltd [2022] NZDT 286 (17 March 2022) [pdf, 192 KB]

    ...am satisfied that B Ltd did not carry out its service with reasonable care and skill. It seems to me that the method of how bags are handled for a passenger with an onward flight on an airline with which B Ltd does not have an alliance is basic information that ought to be known to an B Ltd staff person accepting a customer’s bags. That is because it stands to reason there must be numbers of people every day flying with B Ltd intending to catch an international flight with a non-alliance...