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1. [2025] NZEmpC 161 Chief of Defence Force v YFX [pdf, 311 KB]

   ...123(1)(c)(i) of the Employment Relations Act 2000 (the Act). The Authority declined to award lost wages holding that there was no entitlement to them.2 [4] An order was made by the Authority prohibiting the publication of YFX’s name or any information that might identify her.3 The challenge [5] The NZDF challenged the determination and a full rehearing of the entire matter was sought. YFX responded by supporting the determination and by seeking to establish personal g...

2. LS v Q Ltd [2024] NZDT 254 (22 March 2024) [pdf, 92 KB]

   ...non-liability has failed, LS is ordered to pay the outstanding contract balance of $10,147.31, pursuant to s11(2)(b) of the Disputes Tribunal Act 1988. Referee: L. Mueller Date: 22 March 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 appl...

3. DT form 4 - acknowledge applicants insurer [pdf, 743 KB]

   For more information visit www.justice.govt.nz/tribunals Disputes Tribunal Z Z Z Page 1 For more information visit www.justice.govt.nz/tribunals DT 07/11 - 4 What is this form for? Use this form if you (the applicant) have been, are entitled to be, or have sought to be, indemnified (that is, compensated) by your insurer for any loss caused by or arising out of the act, omission, or event on which your Disputes Tribunal claim is based, and your insurer wishes to waive notice of procee...

4. QL v OQ [2021] NZDT 1664 (22 June 2021) [pdf, 116 KB]

   ...termination? b. Did OQ unlawfully terminate the agreement? c. If so, is QL entitled to $3,574.50 as claimed, or any other sum? What terms were agreed regarding termination? 5. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

5. BK & DU Ltd & WL v UX Ltd [2021] NZDT 1663 (8 July 2021) [pdf, 220 KB]

   ...it about bright-line tax prior to the purchase taking place and because he didn’t the trust had to pay tax it was not expecting to pay. Mr X does not accept any liability for the claim based on the terms of engagement and client care service information addressed to the trust dated 25 October 2017 (“terms of engagement”). 2. The trust is claiming $29,996.40 made up as follows: (a) Amount of reassessed bright-line tax payable to the IRD: $19,383.00 (b) Legal fees – [red...

6. Adoption Action Inc v Attorney-General (Non-Party Access to File) [2013] NZHRRT 4 [pdf, 53 KB]

   ...statement of reply have been filed. 2 The application for non-party access to the statement of claim and statement of reply [3] By letter dated 18 January 2013 Ms J Ryan, Senior Solicitor at the Office of Human Rights Proceedings, submitted a request to the Secretary for non-party access to the statement of claim and statement of reply. The letter explained that the Director of Human Rights Proceedings (the Director) has received an application for legal representation in rela...

7. SC & TO Partnership v QS & TS & JT Ltd [2022] NZDT 84 (24 May 2022) [pdf, 256 KB]

   ...from the property and replacing some chattels with alternatives? 8. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 9. This contract was in the form of the Auckland District Law Societies agreement for sale and purchase tenth edition 2019(2). It included an additional clause under the further terms of sale. Clause 21 states: The property is sold substantially furnished as describe...

8. TD v X Inc [2023] NZDT 179 (27 April 2023) [pdf, 145 KB]

   ...requirement for them to disclose their medical history. TD said the club were making it up as they went and she doesn’t accept that the club had a right to make such a by-law. 9. TD said that as soon as she was asked for proof of vaccination she requested the guidelines that were sent to X Inc’s committee. TD said her request was ignored and the second time that she attempted to go about her business as a club member she was asked again and again her request was ignored. TD said th...

9. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...booked with [website] rather than directly through Q Ltd. I am satisfied that TD and LD are entitled to bring a claim against Q Ltd rather than [website]. This is because [website] is Q Ltd’s booking agent and, under the law of agency, a contract formed between Q Ltd and TD and LD when they made the booking through [website]. Was the booking contract frustrated? 6. If the contract between the parties does not contain a provision about what happens if performance is prevented (c...

10. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

    ...the cracked benchtop with the same sort. The new benchtop does not match the remaining benchtop. The applicants are claiming for the cost of replacing the cracked bench top and the cost of a new matching bench top. 6. It was not disputed that a former company called S produced the original benchtop and that it was 6mm to 8 mm thick with a backing board. It was a benchtop veneer as an alternative to expensive benchtops which are traditionally imported from [Country]. 7. The benchtop...