Search Results

1. XU v NP & Ors [2023] NZDT 547 (3 October 2023) [pdf, 158 KB]

   ...title shall not pass until full payment is made” (the Romalpa clause”). The gates were not paid for. CI0301_CIV_DCDT_Order Page 2 of 5 8. NP used the barn in which the gates were installed during the period 2006 to 2017 by way of an informal arrangement with the T Club who, according to NP had erected the barn some years previously and used it to store the jumps in. NP said that it was agreed he could use the barn in return for NP’s help to obtain funds for the T Club to b...

2. BS v KC & DC [2024] NZDT 721 (9 September 2024) [pdf, 114 KB]

   ...this was the maximum height permitted (in the absence of a resource consent) for the fence because of the heritage listing that applies to KC and DC’s house. 3. After I issued my order BS filed an application for a rehearing. He said that new information had become available since the original hearing. The new information BS referred to was: a. He said the local Council had changed its position and told him that a 2m high fence could be built on the boundary; and b. He said the b...

3. Daly v Accident Compensation Corporation (weekly Compensation) [2022] NZACC 217 [pdf, 262 KB]

   ...weekly compensation and thought that “the base calculation” was correct, but that the value of certain allowances that Mr Daly had received should have been added to his pre-incapacity earnings. On 23 May 2018, the Corporation considered this request, but determined that the allowances were not of a type that could be included in earnings. [11] On 2 July 2018, Mr Schmidt wrote to the Corporation again, this time advising that Mr Daly had worked on his own farm in a self-emplo...

4. [2016] NZCA 21 CA616/2015 Nisha v LSG Sky Chefs NZ Limited [pdf, 403 KB]

   ...showing an increased rate of remuneration (rising from $15.96 per hour to $17.68 per hour) as a supervisor. No one else was notified of her new status either. If she was indeed a supervisor, those she would be supervising would surely have been informed. 6 (c) Mr Belk, a production sous chef at Pacific, gave evidence for LSG. His period of employment overlapped Ms Nisha’s transfer to LSG. He worked closely with supervisors and prepared the rosters. He said he was never tol...

5. [2020] NZEmpC 206 Awesome Art Ltd v Milne [pdf, 222 KB]

   ...prevented a challenge from being filed. It also offered no adequate reason for the delay from 6 July 2020 until the application was filed on 13 July 2020. Ms Jarrett attempted to explain part of this delay by her unfamiliarity with the Court’s forms or processes but that was not convincing. Awesome Art’s application showed it was able to articulate its concerns and there is no reason to assume it could not have expressed them in a timely statement of claim. [24] There is...

6. [2021] NZEmpC 166 Yakka Contracting Ltd v Naicker [pdf, 208 KB]

   ...matter was urgent. [3] Mr Naicker was an employee of Yakka Contracting Ltd (Yakka) until his resignation on 18 February 2021. Yakka intends to file proceedings against Mr Naicker in the Employment Relations Authority and withdraw corresponding claims and a freezing order application against him that currently form part of a High Court 1 Yakka Contracting Ltd v Naicker EMPC 343/2021, 30 September 2021 (Minute). proceeding. Before doing so, Yakka is applying to this Court...

7. BZ v Accident Compensation Corporation (Mental Injury) [2025] NZACC 065 (22 April 2025) [pdf, 196 KB]

   ...none of the signs and symptoms required to meet Criterion B. [29] On 7 December 2023, Dr Chris Dowling, Psychologist, advised that Dr Foliaki’s opinion should be preferred to Dr Coetsee’s opinion: 1. Dr Foliaki’s opinion was specifically requested as it was felt by Dr Mendiola and the client that a culturally informed perspective was important (in the review decision it was noted that the client “did not feel comfortable with ACC addressing his mental health issue in an ind...

8. EM v S Ltd [2023] NZDT 171 (5 June 2023) [pdf, 124 KB]

   ...do not make further orders under the FTA or consider an award for stress is warranted given alternative flowers and equipment were able to be arranged. Referee: J Costigan Date: 5 June 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 re...

9. BD v SL [2023] NZDT 6 (7 February 2023) [pdf, 109 KB]

   ...basis of an error made in the advised height of the colt. 2. BD filed a claim seeking the final payment of $500.00. 3. The issues to be resolved are: (a) Was a misrepresentation made about the height of the colt? (b) If so, did this information encourage the purchase? (c) Did the loss equal or exceed $500.00? Was a misrepresentation made about the height of the colt? 4. I find that BD inadvertently misrepresented the height of the colt. I have reached this conclusion...

10. O Ltd v MX & V Ltd [2023] NZDT 325 (20 July 2023) [pdf, 173 KB]

    ...gained a valid security interest in the [car], which it perfected the next day, and that it is now the party entitled to possession of the [car]. Referee: E Paton-Simpson Date: 20 July 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...