Search Results

1. [2024] NZEmpC 43 Mutonhori v Wairoa District Council [pdf, 181 KB]

   ...Rule 5.45(3). 8 A S McLachlan v MEL Network Ltd (2002) 16 PRNZ 747 (CA) at [15]–[16]. 9 As recorded in the Court’s minute: Mutonhori v Wairoa District Council EMPC 196/2023, 7 June 2023 at [4]. comments from Mr Mutonhori renewing his request that leave be granted for him to attend the investigation meeting in June 2023 via video link on the grounds of his financial situation.10 [10] On 14 November 2023, Mr Mutonhori replied to the application for security for costs...

2. KC & MC v V Ltd [2025] NZDT 14 (3 April 2025) [pdf, 111 KB]

   ...Reasons 1. MC and KC contracted BX trading as [B Construction] to supply and erect a louvred gazebo manufactured by QT at their new home under construction. Although the final agreed price was $38,842.40, the contract was not written in a form compliant with the requirements set out in the Building Act for contract for building work on residential properties. 2. A $15,000 deposit was paid in March 2023. 3. In June 2023 BX incorporated a new company through which he now trad...

3. [2024] NZEmpC 200 Caleys Ltd v Deadman [pdf, 232 KB]

   ...are liable to make payment of [one] months salary in lieu thereof.” He stated that Ms Deadman owed Caleys $4,461.52 under the forfeiture provision in the IEA and that her final pay of $1,303.85 had been deducted from the amount owing. He then requested payment of the outstanding sum of $3,157.67. Ms Deadman did not respond or make the payment sought. [18] On 15 December 2022, Mr Pepper emailed Ms Deadman, advising that no payment had been received and that if the company did no...

4. AV v ZE [2014] NZDT 668 (8 October 2014) [pdf, 23 KB]

   ...of Student Fees Refunds, Trust Account.” Is AV bound by the 20 consecutive missed days rule? [9] AV’s enrolment in the course is a contract between her and the school. It is governed by the ordinary rules of contract law. A contract is formed when two people have a meeting of the minds. One person makes an offer of what the contract is to be and the other accepts. It often happens that one party is not fully aware of all of the detailed terms of a contract they have accept...

5. Taylor v Southern District Health Board (Extension of Time) [2018] NZHRRT 30 [pdf, 165 KB]

   ...delayed until after an inquest is held by the Coroner. The SDHB sought an extension of seven days to 5pm on 27 June 2018 to file its defence. [5] By email dated 20 June 2018 Mr Nevell advised the plaintiffs consented to the extension. [6] The request for extension having been referred to the Chairperson, the Secretary was directed to advise the parties that it was impractical for the request to be referred to a three member Panel of the Tribunal at short notice. They were further adv...

6. 2023 July Family Violence Provider Update.pdf [pdf, 141 KB]

   ...helpful reminders and resources. Communities of Practice In July and August, we will be replaying our very successful training series on the Ministry of Justice Programmes, and administration requirements. Thursday 27th July 10am – 11.00am Forms and administration of programmes Thursday 3rd August 10am – 11.00am Reporting and Invoicing Thursday 10th August 10am – 11.00am Non-Violence Programmes Thursday 17th August 10am – 11.00am Safety Programmes Invitations and...

7. G Ltd v H Ltd [2024] NZDT 236 (8 March 2024) [pdf, 179 KB]

   ...implied term of the contract? 6. The relevant law is the common law of contract, under which parties can enter into legally binding agreements, and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. CI0301_CIV_DCDT_Order Page 2 of 3 7. Despite the expressed reason for the client terminating the contract being failure to engage with the brief, the designer pointed out t...

8. LQ v Q Ltd [2024] NZDT 648 (25 October 2024) [pdf, 181 KB]

   ...initial fee? b) Is LQ liable to pay the extra charges? Is LQ liable to pay the initial fee? 4. Q Ltd submitted that LQ had accepted the terms on its sign and website by conduct when he entered the carpark, and that a unilateral contract had been formed. This makes no sense. A unilateral contract (a promise in exchange for an act) would only be formed if Q Ltd promised something in return for LQ parking there, such as “Park here and we’ll give you a free ice cream”. A unilateral...

9. [2008] NZEmpC WC 10/08 Monteith v Eagle [pdf, 34 KB]

   ...currently before the Court. It appears this was served on Ms Eagle shortly afterwards but the registrar was not advised of the date. [9] Ms Eagle initially took no steps in response to the application although it followed the standard form including a notice advising Ms Eagle that, if she wished to oppose the application, she must file written notice to that effect within 14 days. [10] In the absence of a response from Ms Eagle or any further communication from Mrs Montei...

10. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

    ...time limit provided for in the Employment Court Regulations 2000 (the Regulations), and the matter was accordingly set down for formal proof.3 [5] As is normal in such instances, affidavit evidence has been filed,4 and Mr Wood has appropriately requested that his challenge be resolved on the papers. [6] Since the challenge was brought on a non de novo basis, I apply the following principles:5 a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff i...