Search Results

1. HT v BM [2024] NZDT 711 (21 August 2024) [pdf, 97 KB]

   ...keep it under cover if possible or take reasonable steps to protect it from the weather, though HT is not liable for damage caused by any delay in acting by BM. Referee: M Wilson Date: 21 August 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...

2. LU v CW [2024] NZDT 734 (21 September 2024) [pdf, 130 KB]

   ...situation where such statements could be regarded as a misrepresentation; b. in these circumstances however it is clear that after or alongside this discussion, a range of other issues were discussed between the parties about the car’s performance. These included items like how it’s starting mechanism performed, and other concerns including thermostat and coolant sensor issues. I note discussion also occurred about work done on the truck, a few items of...

3. B Ltd v C Ltd [2024] NZDT 505 (2 July 2024) [pdf, 131 KB]

   ...concerns due to delayed repairs. The Tribunal has limited discretion in awarding costs, and I do not consider it appropriate to make such an order in the circumstances. Referee: A Chand Date: 2nd July 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 fo...

4. HH v N Ltd [2024] NZDT 808 (18 November 2024) [pdf, 96 KB]

   ...to a camper and sold it. I have therefore had to be pragmatic in my assessment and find that $3,000.00 is a likely reduction in value for a van which has travelled the greater distance based on the [Dealer]’s report. In the absence of any better information it is reasonable to take that this price difference would ‘scale’ to a private sale price and to when the same vehicle was converted to a camper. 12. I have considered N Ltd’s view that HH has formerly been a registered moto...

5. Jones v Accident Compensation [2016] NZACA 06 [pdf, 144 KB]

   ...presumably missing. [11] Mr Jones again sought ERC in about May 1992 and it was declined on 23 February 1993. It is not known whether any review was sought. Again, the decision appears to be missing. [12] On an unknown date, Mr Jones once more requested ERC, this time being an application for ERC backdated to the accident on 5 January 1988. The claim document is no longer available. This is the claim which is the subject of the current application to the Authority. Ba...

6. [2020] NZEmpC 148 Baker v Hauraki Rail Trail Ltd [pdf, 195 KB]

   ...[2015] NZERA Auckland 259 (Member Crichton). [6] In August 2017 Ms Baker applied to the Authority to reopen its investigation and to join the directors of Hauraki Rail Trail Ltd as parties to the proceedings. At the same time, she also requested the Authority to investigate and increase the level of compensation that had been awarded to her in the earlier determination. This application was investigated on the papers and a determination was issued on 22 August 2018. Tha...

7. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...obligations to complainant at the time he left the Practice (refer Clause 1.1(c) of the Licensed Immigration Advisers Code of Conduct 2010 (Code of Conduct)) is the only relevant consideration. What occurred after that point, other than any need to inform of the consequences of any failure at the point where the professional relationship ended are not relevant to Mr Wang’s professional obligations. Mr Wang’s Response to the Statement of Complaint [11] Mr Wang responded to the State...

8. [2014] NZEmpC 115 Atkinson v Phoenix Commercial Cleaners Ltd [pdf, 81 KB]

   ...for legal assistance and accordingly sought legal aid. She applied for a legal aid grant on 18 December 2013. In the event, her application for legal aid was not approved until 17 February 2014. It appears that during this period there was a request for further information by the Legal Services Agency, which she duly responded to. [6] The respondent takes issue with the extent of the delay. In particular it is submitted that the period between receipt of the Authority’s determ...

9. AGS v ZTW [2013] NZDT 491 (15 January 2014) [pdf, 21 KB]

   ...6-8 weeks and ZTW strengthened the handles and put on a longer cable. He says he discovered a damaged blade during this time but replaced it at no cost to AGS. [4] When ZTW attempted to return the mower to AGS in June, they rejected it and requested a full refund. In the meantime, they had spent $120.00 on repairs to their old Flymo and claim this amount, the purchase price of the Phoenix hover mower of $988.00 and the filing fee of $45.00. [5] During the adjournment perio...

10. [2021] NZEmpC 67 Mataura Valley Milk Ltd v Scott [pdf, 163 KB]

    ...Ltd v Scott [2020] NZEmpC 120. 3 Mataura Valley Milk Ltd v Scott [2020] NZEmpC 140; Mataura Valley Milk Ltd v Scott [2020] NZEmpC 152. (c) Serious loss to Mataura Valley may result if the search orders are not maintained and varied as requested. [8] Mataura Valley provided a draft order to vary the existing search orders, the terms of which are acceptable with modifications, as set out in Schedule 1 to this judgment. Orders are made accordingly. [9] Costs are reserved...