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1. IN & MG v NF Ltd [2022] NZDT 52 (16 May 2022) [pdf, 201 KB]

   ...what would happen in the event of a lockdown? b) If not, was the contract frustrated? c) What sum, if any, should be refunded? Did the parties agree what would happen in the event of a lockdown? 4. The common law of contract enables parties to form legally binding agreements. It is possible for parties to make provision for contingencies such as lockdowns in the terms of their contract. 5. However, the parties gave conflicting evidence about what was agreed. The applicants said tha...

2. LT v OT Ltd [2023] NZDT 356 (23 May 2023) [pdf, 185 KB]

   ...applicant how much access was needed to deliver a sofa of this size. Has the applicant repudiated the contract? 8. Section 36 of the CCLA sets out that where a party to a contract repudiates it by making it clear that they do not intend to perform their part of the contract, the other party may cancel. 9. In this case, I find that the applicant repudiated the contract by making it clear that she was not going to accept delivery of the sofa. The applicant told the Tribunal that...

3. T Ltd v ND [2024] NZDT 739 (22 August 2024) [pdf, 187 KB]

   ...QX knew the auctioneer had already flown down for the auction. 13. Accordingly, I find that ND is required to pay the auctioneer’s fee of $805.00. Referee: S Simmonds Date: 22 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...

4. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...has agreed to do under the contract. 6. NI requested a quote from Q Ltd to move his belongings. Q Ltd indicated to NI that he should allow 5-6 hours depot to depot with three men. Given NI engaged Q Ltd after that estimate was given, I find that formed the basis of their agreement. 7. NI said he thought it would only take 3 to 3 and half hours as he had recently moved within town and that is how long it had taken on that occasion. However, NI did not indicate to Q Ltd that he thoug...

5. [2013] NZEmpC 83 Davies v Dove Hawkes Bay Inc [pdf, 101 KB]

   ...family matters first and Ms Beacham needed to find out information and to make sense of what had happened. The fact that Ms Beacham did not further contact him earlier is beside the point. It is self- evident that Mr Davies had not provided a clear request to have his personal grievance raised until 15 December when he had a session with Ms Beacham in regard to the grounds and claims available just before the 90 day period ended. He has to take responsibility, not the agent. There wa...

6. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ...disbursements. 2 [3] At the hearing before Judge Perkins, Mr Davis was represented by two partners from a specialist employment law firm in Christchurch. His senior counsel, Mr Goldstein, is highly experienced in the field of employment law and is a former member of the Employment Tribunal. Mr Davis appeared in person before me in relation to the rehearing application. He explained that the reason he applied for a rehearing instead of bringing review proceedings or seeking leave...

7. Hita v Hita - Kaihu 1A2E3B2 [2021] Chief Judge's MB 1233 (2021 CJ 1233) [pdf, 543 KB]

   ...Tiki Hita Tua, conditional upon a payment of £25 to Ngaroma Hita, and evidence of such payment being provided to the Court. [3] A receipt for £25 dated 19 September 1958 was then provided to the Court. On 15 May 1961, the Court wrote to Mr Tua requesting confirmation that the receipt was in fact in satisfaction of the Court’s conditions. No response was received as Mr Tua had passed away several months prior. The conditional order was subsequently finalised and released. [4] T...

8. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...satisfaction as to there being no malicious intent. Ms Coetzee was advised that there was no clear pathway for employment on a contract basis, but reasons could be put forward as to why a contract was needed for particular employment. Complainant requested to leave New Zealand [35] Immigration New Zealand served the complainant with a deportation liability notice on 17 May 2017, as he was working in breach of his visa conditions. This led to his departure from New Zealand. COMPL...

9. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...highlighted and Mr RN’s intention to pursue a civil claim is mentioned. It is submitted that Mr QW’s failure to register the caveats in a timely manner was not a direct cause of Mr RN’s loss, and thus it is not correct to award compensation as he requests. Counsel submits that the lodging of caveats would not have stopped the bank increasing its lending under the existing mortgage, or affected the bank’s right to recover through a mortgagee sale; neither would the caveat have ou...

10. LCRO 186/2019 ZU v FD (15 June 2021) [pdf, 246 KB]

    ...of the fees rendered by Mr ZU. In the letter of appointment, the costs assessor (Mr ET) was also asked to provide “comments about anything else arising out of [his] enquiry which might assist the Standards Committee in reaching a properly informed decision about the fee aspects of the complaint”.14 13 Standard Committee determination at [9]. 14 LCS, letter to Mr ET (21 December 2017) at p2. 6 [23] On 17 December 2017, the Committee wrote to Mr ZU and expressed its...