Search Results

1. DO v TC [2022] NZDT 264 (23 December 2022) [pdf, 177 KB]

   ...DO could have sold the wreck for, had it not been stolen) — as TC is insured by YZ Ltd, it is her insurance company that will actually be making that payment. Referee Perfect Date: 23 December 2022 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 reh...

2. U Ltd v J Ltd [2024] NZHDT 88 (30 January 2024) [pdf, 99 KB]

   ...not entitled to withdraw from the contract without J Ltd’s agreement. As J Ltd said in the hearing, it could have chosen to sue U Ltd to complete the purchase. 8. U Ltd attempted to cancel the contract in July 2023 and rather than suing for performance, J Ltd accepted that the contract with U Ltd was over. This means that the contract between U Ltd and J Ltd has been cancelled. 9. Section 42 of the Contract and Commercial Law Act 2017 (CCLA) says that when a contract is cancell...

3. QI v KI & L Ltd [2024] NZDT 629 (11 July 2024) [pdf, 188 KB]

   ...their dealings with QI? (b) If so, what is the appropriate order? (c) Is QI entitled to his filing fee? 5. QI attended the hearing via teleconference. KI is currently incarcerated. The Tribunal phoned KI in prison (pre-arranged) and when I informed him that QI was on the line KI stated, “I have nothing to say to him” and the call was disconnected. 6. The absence of a party does not prevent a claim from being heard and determined. Did KI and L Ltd engage in misleading or decep...

4. ES v D Ltd [2024] NZDT 370 (31 May 2024) [pdf, 176 KB]

   ...shall not be awarded against a party to any proceedings before a Tribunal. 11. Therefore the amount payable by the supplier to the consumer is $690.00. Referee: E Paton-Simpson Date: 31 May 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 re...

5. NI v C Ltd [2024] NZDT 412 (22 April 2024) [pdf, 183 KB]

   ...transporting a tractor-style ride-on lawn mower from [City 1] to [City 2]. The dispute arose because the dimensions of the mower given to C Ltd to price the cost of transport were incorrect. There is no suggestion of blame on NI as he had relied on information given to him by the person he purchased the mower from. 2. The effect of the discrepancy in the dimensions meant that rather than being 5.18m3, the mower was actually 13.87m3. This changed the cost of transport from $1,219.00 to...

6. EO v D Ltd & MQ [2024] NZDT 532 (5 July 2024) [pdf, 204 KB]

   ...pay EO the sum of $1416.00 on or before 26 July 2024. Reasons: 1. D Ltd held a New Years Eve event at its restaurant [at location]. SH, D Ltd’s’s Hospitality and Marketing General Manager, contacted EO with a request for his [band] to perform at the event. EO and SH agreed a price and number of sets over a series of emails. D Ltd then paid a deposit to confirm the booking. The band performed at the event and invoiced for their attendance. D Ltd challenged the invoice and has made...

7. [2013] NZEmpC 38 Taiapa v Te Runanga O Turanganui A Kiwa Trust t/a Turanga Ararau Private Training Establishment [pdf, 117 KB]

   ...Waka Ama Championships were held at Rotorua. Mr Taiapa’s domestic partner, Cath Deacon, sought the defendant’s approval to Mr Taiapa taking five days’ leave from Monday 28 March to Friday 1 April 2011. The reason for the lateness of this request (made two working days before the start of the leave requested) was said by Ms Deacon to have been because CYFS had required Mr Taiapa and Ms Deacon to take a week’s leave before the end of March 2011 from running their CYFS home....

8. BN & MN v Hakaoro [2013] NZIACDT 51 (15 August 2013) [pdf, 156 KB]

   ...overcharged. [41] With specific reference to Mr Hakaoro’s statement in response to the complaint: [41.1] Mr Hakaoro claimed he could not have known of the complaint with the Ombudsmen, and had no reason to inquire. That was wrong, as he should have requested the disclosure of the file from Immigration New Zealand. The electronic file that was readily available would have been “flagged” with the status due to the pending Ombudsmen’s complaint. [41.2] Mr Hakaoro was required to...

9. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...This raised issues for the company from an operational perspective. Mr Ward’s mental health had, by this stage, begun to suffer. His health impacted on his work, including his ability to concentrate and be in charge of heavy equipment. A performance review dated 12 March 2016 notes: ACHIEVEMENTS FOR THE YEAR: NONE 1 Ward v Concrete Structures (NZ) Ltd [2018] NZERA Auckland 350 (Member Trotman). AREAS WHERE IMPROVEMENT IS REQUIRED: NEEDS TO GET ON TOP OF HEALTH I...

10. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

    ...attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before. As one cannot comprehensively list all possible forms of abuse, so one cannot formulate any hard and fast rule to determine whether, on given facts, abuse is to be found or not … Properly applied, and whatever the legitimacy of its descent, the rule has in my view a valuable part to play...