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1. LB & TB v BU Ltd [2024] NZDT 612 (29 August 2024) [pdf, 105 KB]

   ...the purposes for which goods of the type in question are commonly supplied. 5. In the present case, the Applicants state that they purchased a kitset cabin to be installed on their property from the Respondent. The Applicants state that the information on the cabin, on the Respondent’s website stated that the kitset was easy to assemble and could be done as a DIY project or by a builder or tradesperson. 6. The Applicants were provided with the written instructions for the insta...

2. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...someone in the organization that worked on MD’s job. U Ltd is liable to pay MD for the loss he has suffered from U Ltd’s services. Referee: B M Smallbone Date: Tuesday, 30 July 2024 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...

3. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

   ...concern. However a finding of that nature is not open on the available evidence. Costs revision [8] While cost did not form a central aspect of Ms Linton‘s original complaint it has been treated as a costs complaint. Accordingly Ms Linton has requested that that aspect of the decision of the Standards Committee be reviewed. [9] At the hearing I pointed out that the costs assessor, who was a specialist (presumably in the area of employment litigation), was better placed than I to...

4. [2021] NZACC 96 – Prater v ACC (6 July 2021) [pdf, 237 KB]

   ...period 1 June 2018 to July 2019. [89] The Court has already observed that as at August 2018 treatment for the right shoulder was provided pursuant to the covered sprain injuries. [90] The investigations by WellNZ continued into 2019 with the requested case reviews from Dr Hilliard and Mr Pai. There are therefore two periods requiring clearer investigations of incapacity. [91] The first period is November 2017 to July 2019. The second period is post July 2019. [92] The...

5. [2024] NZREADT 38 – TX v REAA (22 October 2024) [pdf, 161 KB]

   ...managed the premises on behalf of the landlord. [4] On 3 April 2019, TX and the landlord entered into a lease agreement for the premises (the lease agreement) which included clause 27.5 (no access in emergency). [5] On 9 July 2020, LI emailed TX requesting payment of unpaid invoices for the premises of $3,064.77. [6] On 21 July 2020, Ms N, who was LI’s assistant, emailed TX attaching a statement noting that in April and May 2020 TX had received a reduction in rent but from June...

6. Edwards - Whakatohea (2018) 181 Waiariki MB 121 (181 WAR 121) [pdf, 247 KB]

   ...the Act.1 [2] As part of interlocutory proceedings, I convened a judicial conference with the parties on 31 January 2018.2 During that conference, Ms Sykes, counsel for Mr Rakuraku (supported by John Te Rehita Pio and members of Ngāti Irapuaia) requested the Court make a determination regarding the s 30 order and its effect. Ms Sykes requested that the determination take place before the substantive hearing of the review. [3] Crown counsel and counsel for the applicant suggested...

7. [2010] NZEmpC 125 Behan-Kitto v New Zealand Post Limited [pdf, 26 KB]

   ...recorded in writing. She submits that Mr Behan-Kitto was aware of both the reason for the fixed term nature of his employment and the way in which it would end. The Authority’s finding of technical non-compliance turned on the fact that this information was not contained in the body of the employment agreement as the statute requires. It found, however, that because there was a variation to an earlier form of agreement which did comply with the statute, there was no breach. [...

8. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

   ...security for costs in respect of the challenge. It seeks that the sum of $20,000 be paid into Court pending the hearing of the challenge. It also seeks a stay of the challenge until such security is given, either in payment or other satisfactory form. It also asks the Court to set a time limit for such security to be given. [5] Ms Kilpatrick has filed a notice of opposition to the applications. Whilst she has not paid the awards of costs made by the Authority, Air NZ has not yet...

9. 2018 NZSSAA 008 (5 February 2018) [pdf, 100 KB]

   ...Benefit Review Committee. Accordingly, we conclude that the Authority has no power to award any costs in relation to either preparing for or attending a review by a Benefits Review Committee. Costs of second appeal [18] The second appeal formed part of the original notice of appeal which was filed on 14 July 2015. The Authority asked the Ministry to file its s 12K report by 20 October 2015. On 19 October 2015 Mr Signal sent an email to counsel for the appellant stating th...

10. Beauchamp v B & T Co (2011) Ltd (Costs) [2022] NZHRRT 30 [pdf, 105 KB]

    ...basis. [11] The primary submissions made by the Director in support of the application are: [11.1] Prior to filing her proceedings the plaintiff made an offer to settle the matter on a without prejudice save as to costs basis. That offer included a request for global compensation in the amount of $35,000. Failure by the defendants to respond to this pre-litigation offer is said to have been unreasonable. [11.2] The defendants applied (unsuccessfully) for their names to be suppressed....