Search Results

1. 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...

2. DX v CT [2024] NZDT 834 (8 October 2024) [pdf, 93 KB]

   ...the matter from being heard and determined. Was DX entitled to cancel the contract and receive a refund of his deposit? 7. The general law of contract and the Contract and Commercial Law Act 2017 (CCLA) apply. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. Once the terms of a contract are agreed, both parties are under a duty to the other to fulfi...

3. XN v BP [2023] NZDT 736 (13 December 2023) [pdf, 177 KB]

   ...provides a checklist of details that must accompany a repossession warning notice. The note BP sent did not comply with many requirements of the warning notice. In particular, it fails to specify the act of default under the agreement. Further, the informal written note that contained a few of the fundamental terms of the agreement does not allow BP the right to repossess the car. 7. I therefore find that BP was not entitled to issue a notice warning of his intention to repossess the...

4. [2007] NZEmpC CC 26/07 Southern Local Government Officers Union Inc v Christchurch City Council [pdf, 74 KB]

   ...standby allowances (other than that specified in this variation), tea money, meal allowance, first aid allowance, qualification allowance, and overtime for call-outs whilst on standby. [7] The primary role of DCOs is to receive and investigate requests for service usually relating to dogs that are misbehaving, but occasionally they have to deal with wandering stock. Generally, after hours call-outs are in respect of “priority 1” matters where human safety is involved, for exa...

5. Ly v Navarette-Scholes [2015] NZIACDT 46 (29 April 2015) [pdf, 154 KB]

   ...Navarette-Scholes met with the complainant and the niece at her business premises in August 2012 and September 2012, and the applicant’s documents remained there. 3 [5.6] On 1 October 2012, the complainant’s lawyer wrote to Ms Navarette-Scholes requesting that the documents be returned urgently, as medical and police certificates were due to expire. Despite a further request, the documents remained with Ms Navarette-Scholes until 17 October 2012, and the complainant’s...

6. Cookson-Ua v Cookson-Ua - Succession to Te Waharoa Cookson Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) [pdf, 264 KB]

   ...rehearing application was first set-down on 7 May 2019 and the Court heard from the applicants. The hearing was adjourned to the July 2019 sitting for the respondents to give their evidence2 but was later adjourned to August 2019 at the applicant’s request.3 In August, the matter was adjourned to September 2019 to allow the respondents a further opportunity to respond in writing to reply submissions made by the applicant.4 [10] The final hearing was held at Christchurch on 10 Sept...

7. Director of Proceedings v Brooks (Application for Final Non-Publication Orders) [2019] NZHRRT 33 [pdf, 1.6 MB]

   ...Arthur Brooks) is prohibited pending further order of the Chairperson or of the Tribunal. [26.2] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiff and defendant are to be notified of any request to search the file and given opportunity to be heard on that application. Liability admitted and damages claim settled [7] By second amended statement of claim dated 19 September 2017 the Director alleged Dr Brooks breached Right 4...

8. [2014] NZEmpC 196 Nelson v Katavich & Anor [pdf, 116 KB]

   ...the Bank of New Zealand which confirmed that confirmation of an inward telegraphic transfer would only be given when the overseas bank sent the customer’s address with the telegraphic transfer message; this would only be done if the customer requested such. The evidence suggested that Citibank had not sent any address for Ms Nelson, and therefore no advice in that regard was given to her. As it was put by the bank officer: “the funds would literally just have been received...

9. Mullane v Attorney-General (Request for Transcript) [2021] NZHRRT 31 [pdf, 143 KB]

   ...ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr BG Mullane in person DATE OF HEARING: Heard on the papers DATE OF DECISION: 13 July 2021 DECISION OF CHAIRPERSON ON REQUEST BY PLAINTIFF FOR TRANSCRIPT OF HEARING1 Introduction [1] On 25, 26 and 27 September 2017 the Tribunal heard a claim by Mr Mullane against the Attorney-General under the Privacy Act 1993, IPP 8. At the relevant time Mr...

10. Recording Industry Association of New Zealand v TCLE-A-T5877102 [2013] NZCOP 2 [pdf, 75 KB]

    ...correct (s.122N(3)). [24] The statutory presumptions are as follows: [a] That each incidence of file sharing identified in the notice constituted an infringement of the rights owner’s copyright in the work identified; and [b] That the information recorded in the infringement notice is correct; and [c] That the infringement notice was issued in accordance with the Act. [25] In this case, the Respondent has not submitted any evidence, or given any reasons, which might...