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1. LI v UC & IC [2021] NZDT 1609 (24 June 2021) [pdf, 210 KB]

   ...that the issue with the engine burning oil was present when UC and IC sold the car as the issues it has do not arise overnight and happen over a period of time. That was the evidence of EM. LI had this problem within days of buying the car. EM conformed that the issue with the engine is unrelated to the oil leak that LI was aware of. EM said it was possible that a car owner could drive the car and not be aware of the problem. CI0301_CIV_DCDT_Order Page 3 of 5 20. It may be that U...

2. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...employment mediation, and its terms of engagement were sent to TG the same day she made contact with them. In short, the client agrees to pay the greater of one-third plus GST of any financial settlement achieved OR $300 plus GST per hour for work performed, for work up to and including mediation with the employer. If the process continues beyond employment mediation, to the ERA or Employment Court, all work is to be performed on the basis of an hourly rate charge, that is, the contract...

3. [2016] NZEmpC 65 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 418 KB]

   ...commencement date of the lease was 1 August 2014. [20] On 26 May 2014, Mr Farrimond sent an email to multiple recipients, including persons who were customers of or suppliers to Caffe Coffee. He confirmed that he had tendered his resignation, and requested that any future emails to him be sent to a new email address which he provided. [21] Mr Farrimond’s final day of employment with Caffe Coffee was on 10 June 2014. [22] Mr Alford had agreed that Mr Farrimond co...

4. [2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [pdf, 126 KB]

   ...$8,000 three weeks prior to the Authority’s investigation meeting. The plaintiff challenges that determination and the matter proceeded in the Court by way of a hearing de novo. By agreement, that hearing was conducted on the papers in the form of written submissions from counsel and an agreed bundle of documents. The Authority’s substantive determination [4] As the challenge now before the Court is solely to the Authority’s costs determination, it must be decided in light...

5. J v A LCRO 31/2009 (30 April 2009) [pdf, 35 KB]

   ...billed to company AAAA in the sum of $18 007.65. The second was billed to Partnership BBBB in the sum of $5 519.00. [2] The Manawatu Standards Committee referred the matter to Mr X who it appointed as a costs assessor on 17 October 2008. Mr X formed a preliminary view which he expressed in a letter of 9 January. It appears that the preliminary report was provided to Lawyer A (on 16 January) through his counsel, but not to Client J. Subsequently Mr X met with Client J and a farm ad...

6. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

   ...respondents from committing breaches;  a permanent injunction to like effect;  awards of special and general damages; and  penalties for the breaches. [5] I am satisfied that there is a strong arguable case for the applicant that these claims are, at first instance, within the exclusive employment jurisdiction of the Authority and that the evidence adduced to this Court by Eden Group supports a strong, arguable case for those remedies. Potentially privileged eviden...

7. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...then applied for a variation to his work visa on or about 27 September 2018. [24] He says he did not say anything to Mr Chi about how unhappy he was with how he had been spoken to. [25] On 20 December 2018, Mr Ling sent a message to Mr Chi requesting a pay increase of $100. [26] The wording of the WeChat message is recorded in the Authority’s decision:15 I have worked in the restaurant for over four months and am quite confident in handling my job and I can help others too....

8. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...6 September 2012 and circulated to the trustees for their information and comment that day. This was then over 10 months after the first hearing. On 26 September 2012 the trustees filed a submission in respect of the audit report findings and requested a hearing to address their concerns. A copy of their submission was sent to counsel for the respondent, Mr Winitana. On 15 October 2 275 Aotea MB 188 (275 AOT 188) 319 Aotea M...

9. The Chief Executive of Land Information New Zealand v Taare - Awapuni 1F3 (2016) 60 Tairawhiti MB 90 (60 TRW 90) [pdf, 203 KB]

   ...to historic burial sites on the land during the time the land was owned and administrated by Airways. Their counsel was informed that burial sites had been identified on adjoining land near the fence line with Awapuni 1F3. The respondents have requested that Airways review its records to determine whether archaeological assessments of Awapuni 1F3 have been conducted. [30] The respondents submit that the spiritual significance of the land to the descendants of the owners, including...

10. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

    ...Melbourne. Then Mr and Mrs Dillon found work and moved to their own rented home in Melbourne. Mr Dillon’s work was as a manager of a retirement village with a salary of $73,000 per annum plus superannuation. During this time in Melbourne, Mr Dillon formed a particularly strong relationship with his young grandson. [8] Hayden and Lisa and their, by then, two small children, returned to New Zealand in 2008. In 2010, when Hayden and Lisa Dillon were living in Hamilton and Mr...