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1. Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237 (28 WMN 237) [pdf, 141 KB]

   ...Lees Morgan, DX HP40001, Tauranga, ahopkinson@clmlaw.co.nz Mr C M Bidois, East Brewster, DX JP30017, Rotorua, bidois@eastbrewster.co.nz 28 Waikato Maniapoto MB 238 Introduction [1] In a reserved judgment dated 22 July 2011 I dismissed the claims of the applicants against the defendants. The second third party was partially successful against the applicants. 1 [2] The defendants have filed a memorandum dated 5 August 2011 seeking costs. Their costs including GST and disb...

2. LP v VS & Ors LCRO 170 / 2011 (17 May 2012) [pdf, 86 KB]

   ...current complaints have about them the flavour of action intended, at least in part, to cause trouble or annoyance to the Respondents. Undoubtedly they fulfil the dictionary definition quoted above. [39] Therefore I must reject the Applicant’s request that his actions not be described as “vexatious”. I am satisfied firstly that these complaints, both court related and bank account/receipt matters, were “vexatious” as defined, and secondly that the Standards Committee’s...

3. DG v NQ [2023] NZDT 139 (4 April 2023) [pdf, 185 KB]

   ...orders: NQ is to pay DG $2,799.31 within 28 days. Reasons [1] DG claims from NQ the cost of electrical work that was done in order to rectify faulty work done by NQ. NQ denies liability. [2] DG said that his hot water system had been performing poorly in his house. He had been unsure of the cause of the problem, as City Council workers had been working on pipes nearby at the time. He had been at work one day when NQ appeared as a customer. Noticing that NQ was wearing a shirt wi...

4. KH v NK [2024] NZDT 277 (24 April 2024) [pdf, 159 KB]

   ...COIUNTERCL AIM NK The Tribunal orders: 1. NK is to pay $14,000.00 to KH on or before Friday 31 May 2024. 2. The counterclaim is dismissed. Reasons: 1. On or around August 2018, NK purchased a motorhome from his former friend, KH for $20,000.00. 2. KH says that NK has only paid $5,000.00 to date. KH now seeks an order from the Tribunal for the remaining $15,000.00. KH also seeks $2,450.00 as a contribution from NK for the use of KH’s workshop. Th...

5. 2025 NZPSPLA 121 pdf [pdf, 140 KB]

   ...misconduct or gross negligence? c) If Mr Sullivan is guilty of misconduct what is the appropriate penalty? Did Mr Sullivan have any lawful authority to repossess the goods from Ms AB’s business? [3] Mr Sullivan was engaged by Ms XY, Ms AB’s former business partner, to repossess furniture and stock from their former business in repayment of a debt she claimed she was owed. The business had failed and both Ms AB and her business partner had lost their initial investments they e...

6. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...personal information; and (b) to have access to that information. (2) Where, in accordance with subclause (1)(b), an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. (3) The application of this principle is subject to the provisions of Parts 4 and 5. [5] By email dated 28 May 2009 Mr Te Wini sent to Mr Askelund an attachment in the form of a letter dated 5 Ma...

7. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

   ...when they migrated to New Zealand. The decision found: [2.1.1] The Adviser had an incorrect understanding of the material policy requirements, [2.1.2] Failed to review his clients’ options, and [2.1.3] Failed to engage with his clients in an informed way, and address his erroneous understanding when his error was discovered. [2.2] The Adviser misled his clients in an attempt to justify the incorrect advice he gave. He falsely claimed there had been a policy change, and a more libe...

8. CU v XG [2015] NZDT 782 (28 May 2015) [pdf, 106 KB]

   ...notwithstanding the building report. It is possible that this was so, and CU genuinely saw it that way. CU could not commit to this contract without selling her own house. CU attended three open homes for this property in March and April 2013. She formed a strong attachment to it. During this period, she sold her own. This enabled her to make an offer on this property. A contract was signed by the end of May 2013. The building report was obtained on 13 June 2013. CU obtaine...

9. [2025] NZEmpC 214 Wilson Parking New Zealand Limited v Turner and other(s) (Interlocutory Judgment (No 2) of Judge Helen Doyle) [pdf, 284 KB]

   ...senior management. A list of the agreements appears in a schedule to the analyst’s first affidavit, as the volume of material was too large to provide but was expressed to be available to view. [52] The Court agreed to Mr Turner’s and ATE’s request for filing a further affidavit from a former employee at Wilson Parking who was in a senior position based in Wellington. The former employee who was Wellington-based stated in their affidavit that ETCs are standard in contracts a...

10. AFE Ltd v ZUR Ltd and ZUQ [2013] NZDT 150 (25 June 2013) [pdf, 67 KB]

    ...increasing because ZUR Ltd was changing its mind as to what was required. In particular, ZUR Ltd wanted a simpler machine than was formerly intended when the contract was made between them, and later wanted a collapsible hub which also had not formed part of the required design when the contract was created. SK states that ZUR Ltd ought to have known that such changes would result an increased number of payable design hours. [14] While I acknowledge CM’s point that small changes...