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1. D Ltd v R Ltd & Ors [2024] NZDT 877 (29 October 2024) [pdf, 215 KB]

   ...stags from D Ltd. D Ltd says that these stags were part of a larger lot which R Ltd contracted to buy, and that the price per stag $4,250 (excluding GST) per animal was contingent on the purchase of all 16 stags. D Ltd says that by failing to perform the contract R Ltd has caused it losses, for which damages of $36,512, compromised to $30,000 to bring it the claim within the jurisdiction of the Tribunal, are sought. 3. R Ltd says that the contract was only to purchase the 5 stags at $...

2. T Ltd v B Ltd [2024] NZDT 831 (22 October 2024) [pdf, 221 KB]

   ...it. This comes to $1,840.00 plus GST of $276.00, for a total of $2,116.00. 24. Therefore, B Ltd is to pay T Ltd $2,116.00 by Friday 15 November 2024. Referee: C Price Date: 22 October 2024 Page 4 of 4 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 reh...

3. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...jurisdiction: … (d) To hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Maori freehold land: … [33] The proceedings in this case are based upon a mortgage. A mortgage is a form of real security. If a borrower becomes insolvent the lender may exercise his or her rights over the property secured. A mortgage is a class of real security granted in the form of a contract. 4 Thus the proceedings are clearly founded...

4. ML v OJ Ltd [2022] NZDT 39 (8 February 2022) [pdf, 177 KB]

   ...of the classes were not delivered while others were moved online. ML was happy to pay for the online classes, including some that her daughter did not attend, but sought a refund for the classes that were not delivered. OJ Ltd asked ML to sign a form on the back of the enrolment form before it would “process” her request for a refund. ML refused to sign the form, which contained terms regarding accepting a credit. OJ Ltd maintains that she is only entitled to a credit rather than a...

5. [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...

6. [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...

7. [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...

8. 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...

9. 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...

10. 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...