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1. 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...

2. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...Complaints Service was unable to ascertain the status of the two sets of proceedings, but concluded that although Mr FB may well have filed proceedings in the High Court, there were issues about service on Mr LK. [15] The Committee made several requests to both Mr FB and Mr LK for clarification, but matters were not able to be advanced. [16] Nevertheless, Mr LK provided a brief response to Mr FB’s complaint. Response by Mr LK [17] In his letter to the Complaints Service dated 31...

3. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...against whom a complaint has been upheld to pay any part of the costs or expenses of the inquiry. No such order is sought by the Authority. Mr MacLeod has cooperated in the disciplinary process. No order will be made. [73] The complainant has requested that the Tribunal not adjudicate on “costs”. In any event, the Tribunal has no jurisdiction to make an award for the costs of any party (usually a reference to legal costs). A party’s expenses resulting from the reference...

4. [2013] NZEmpC 142 Air NZ Ltd v Kerr [pdf, 52 KB]

   ...EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 142 ARC 38/13 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application for disclosure and leave to file an amended statement of claim BETWEEN AIR NEW ZEALAND LIMITED Plaintiff AND GRANT KERR Defendant Hearing: (by way of telephone directions conference held on 29 July 2013 at 11.00 am) Appearances: Christie Hall, counsel for...

5. AGR v ZTX Ltd [2013] NZDT 309 (2 September 2013) [pdf, 80 KB]

   ...that the car would require re-certification as its registration had lapsed in 1997. XY stated that at the completion of the restoration it would be like a new car, repaired, painted and undersealed. [2] The work carried out protracted and XY requested more money than had been agreed upon to complete the work. Over the course of 14 months AGR paid a total of $25,000 to XY at ZTX Ltd. On 1 July 2012 AGR collected the car which had been repaired and repainted. XY assured AGR that th...

6. [2013] NZEmpC 216 Narayan v Telecom NZ Ltd [pdf, 54 KB]

   ...September 2013, by telephone directions conference, Mr Narayan indicated that he intended to also challenge the Authority’s costs determination, which had recently been issued. Accordingly, I set a timetable for the filing of an amended statement of claim and the filing of an amended statement of defence. In addition, a timetable was set for the preparation, exchanging and filing of a bundle of agreed documents. 1 [2013] NZERA A...

7. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

   ...set out in its Terms and Conditions. However, the provisions of the CGA cannot be contracted out of, and they apply irrespective of the cancellation policy. Referee: JF Tunnicliffe Date: 6 March 2023 Page 4 of 4 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...

8. Puohotaua v Paranihi - Rakato and Part Rakato B Māori Reservation (2024) 486 Aotea MB 31 (486 AOT 31) [pdf, 284 KB]

   ...Whakataunga: Judgment date 13 June 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ A H C WARREN Judgment of Judge A H C Warren 486 Aotea MB 32 Hei Tīmatanga Introduction [1] Shelly Puohotaua requests that I should recuse myself from sitting on an application she filed under s 240 of Te Ture Whenua Māori Act 1993 (the Act), seeking to remove all responsible trustees of the Rakato B Māori Reservation Trust (the removal application).

9. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...goods or services.” 9. It has previously been held that a person who makes a one-off sale of goods (such as selling a used piece of jewellery on Trade Me) it is not in trade but a private seller, but it can be unclear at what point a person transforms from private seller to being in trade. Factors that should be considered are the nature of the transaction, the total number of sales, the amount of income received from the sales, the number of yearly sales and income from the source....

10. LN v IQ Ltd [2024] NZDT 11 (25 February 2024) [pdf, 189 KB]

    ...that IQ Ltd acts as agent on all matters which enables it to make decisions regarding the tenancy on behalf of LN. Did LN breach of the contract? Organised for four adults and two children to tenant the property 7. The Tenancy Registration Form was filled in by the proposed new tenants. The number of proposed tenants is clearly marked as ‘4 adults and 2 children’. With more analysis, it becomes obvious that the writer of the form has misinterpreted the questions and filled...