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1. 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...

2. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

   ...alleging delay, and against Ms GH, alleging she registered the transfer of the NZ property to the JKs without Ms AB’s authority to do so, arise from Mr DE and, after he departed [Law Firm], Ms GH acting on those matters. Background [6] The ABs requested the JKs to enter into a Deed of Arrangement which would provide, amongst other things, for the contemporaneous settlement of both transactions and for the distribution of the sale proceeds of the Australian property. [7] On 27...

3. [2024] NZEmpC 31 Halse v Employment Relations Authority [pdf, 206 KB]

   ...application for costs. Background [2] These proceedings have a lengthy and protracted procedural history. They stem from personal grievance proceedings filed in the Employment Relations Authority in January 2020 by Mr Halse on behalf of a former employee of Progress to Health and from a counterclaim filed in February 2020 by Progress to Health against both its former employee and Mr Halse. The counterclaim involves a claim that the former employee breached their employment agr...

4. [2024] NZEmpC 165 Berryman v Fonterra Coopertive Group Ltd - Interlocutory [pdf, 206 KB]

   ...[2017] NZCA 434, [2017] ERNZ 733 at [34]. reasons why he could not meet the orders of the Authority pending the outcome of his challenge. [8] The stay application filed by Mr Berryman’s representative, Ms Lambert, provides additional information about Mr Berryman’s financial circumstances. It refers to him having obtained new employment on less favourable terms. It also refers to Mr Berryman “paying off a large (for them) legal bill” from the Authority proceeding...

5. [2016] NZSSAA 034 (28 April 2016) [pdf, 34 KB]

   ...is fully aware of the decision process. [7] Following receipt of the submission from the Authority the Chief Executive’s response was referred to the appellant’s advocate and further information was sought about the matter. An explanation was requested as to why there was no follow up on the Benefits Review Committee decision before February 2015 and a submission about the prospects of success requested. [8] In a response dated 25 September 2015 Mr Ellis has advised that:...

6. SM Ltd v QT [2022] NZDT 169 (31 October 2022) [pdf, 97 KB]

   ...Ltd’s Terms of Engagement, which he accepted and signed at the time. 4. NN carried out work and invoiced QT for $1800 plus gst, noting that it was reduced from $2646 which represented 7.9 hours at $325 plus gst per hour as quoted. 5. QT informed NN he would not pay more than the estimated price. 6. The issues to be decided are: i. Does the estimate mean that NN has undertaken to charge within the range of $1000 to $1500 plus gst? ii. What is the effect of the fact that NN...

7. KN v X Ltd [2024] NZDT 158 (7 March 2024) [pdf, 180 KB]

   ...take due care by providing notice to affected residents, by approaching residents personally, and by placing the steel plate and traffic cones when the remedial work was done. 13. I find that KN, on the balance of probabilities based on the information, was aware of the steel plate being on the footpath. And that it was KN’s decision to drive intentionally, after personally removing the traffic cones, over the steel plate, which resulted in the damage to his vehicle. 14. For...

8. BC v Z Ltd [2024] NZDT 156 (3 April 2024) [pdf, 181 KB]

   ...storage spaces at the property. If yes, what remedy is available? 15. I find that no remedy has to be considered given my finding on the first issue. Referee: A Chand Date: 3rd April 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 r...

9. IF v EX [2023] NZDT 217 (5 May 2023) [pdf, 176 KB]

   ...bond of $460.00, so the balance owing is $1,757.00. Conclusion 9. For these reasons EX is to pay IF the sum of $1,757.00 by the date stated in the order. Referee: K Rendall Date: 5 May 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...

10. TS v XX [2024] NZDT 625 (4 September 2024) [pdf, 176 KB]

    ...In effect, no notice was given. The respondent was paid up to 17 January. The applicant is entitled to an order for 3 weeks rent, which is $600.00. Referee: GP Rossiter Date: 4 September 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 r...