Search Results

1. Standards Committees v Deliu [2016] NZLCDT 41 [pdf, 441 KB]

   ...decision of the Tribunal,5 and that if the purposes of imposing sanctions can be achieved short of striking off, then the lesser alternative should be adopted as the proportionate response.6 [6] The practitioner emphasises that the Tribunal must form the view that the practitioner is not a fit and proper person to be a practitioner as at the time of imposing the sanction of striking off. The question is not whether he met that test some time ago, but whether he meets it today....

2. McGeorge v Standing [2012] NZIACDT 48 (30 August 2012) [pdf, 124 KB]

   ...and the consequent termination of his practice. [28] He also referred to an expectation that there would be further complaints lodged with the Authority. [29] In the letter, Mr Standing said he no longer had the file, but from his recollection claimed: [29.1] Communication had been timely and appropriate, subject to explicable minor delays. [29.2] The contractual agreement related to residency. 4 [29.3] Section 14 of the agreement for employment services gave “no g...

3. IC v CH [2022] NZDT 104 (7 September 2022) [pdf, 172 KB]

   ...in addition to the purchase price. 2. When IC contacted CH to arrange shipping, he refused to make the goods available, emailing that he had made a mistake when setting up the auction because he “did not realise there was a reserve”. He informed her he could not let a collection worth “nearly $1000.00 go for $100.00”. 3. CH did not supply a phone number in order to participate in the hearing – the absence of a party does not prevent a hearing from going ahead or an orde...

4. XP v O Ltd [2023] NZDT 729 (12 December 2023) [pdf, 223 KB]

   ...Tribunal orders: O Ltd is to pay XP the sum of $750.00 immediately. Reasons Hearing 1) XP filed this claim on 9 August 2023 and a hearing was notified for 4 October 2023. 2) However when contacted on that day, a representative of O Ltd informed the tribunal that O Ltd : “was unprepared for the hearing today…because the manager who was to act on behalf of the company was at hospital for a procedure …The Registry was not notified of this.” 3) Accordingly a furth...

5. UI v BC [2024] NZDT 331 (30 April 2024) [pdf, 201 KB]

   ...both fraudulent and innocent misrepresentations. It is more likely that the misrepresentations by BC were innocent, not fraudulent. Referee: B M Smallbone Date: Tuesday, 30 April 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...

6. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

   ...the date of her application. She also seeks a written acknowledgement by the Ministry of its error, and an apology and costs incurred in relation to the appeal. XXXX also seeks clearer policy wording by the Ministry of a domestic emergency and requests that the BRC is reminded that its review powers are limited to the Ministry’s written reasons for declining her request. The Ministry’s position [17] The Ministry’s position is that XXXX had been paid the legislated maximu...

7. ADZ v ZVZ [2010] NZDT 245 (3 November 2010) [pdf, 86 KB]

   ...to drive if he does no [sic] understand the simple issue of fasting for 11 hours and exercising in that 11 hours and still taking his insulin. [10] While ZVZ maintains that he did have dinner, it is clear from the hospital report that Dr BN formed a different view: that ZVZ did not have dinner and that this and the exercise brought on the episode. [11] The Tribunal had the benefit of speaking with ZVZ’s doctor during the hearing, Dr PW. Dr PW provided ZVZ with a letter su...

8. WHT - guidelines for hearing preparation & hearings [pdf, 67 KB]

   ...hearing. The costs of any such representation will be borne by that party. The same person however cannot be both an expert witness for a party and that party’s advocate or representative. 3.11 All hearings are recorded. The Tribunal will on request provide each party with an audio copy of the recorded evidence free of charge. 3.10 Each party will be invited to make a brief opening statement, then each party and any witnesses shall answer any questions asked by the assigned Mem...

9. FOO Ltd v TL [2017] NZDT 1030 (3 March 2017) [pdf, 74 KB]

   ...that exclusion clauses are interpreted strictly, and any ambiguity is resolved against the party who seeks to rely on the exclusion of liability. [6] FOO Limited argued that there was no agreement to pick up the goods, and that no contract was formed until FOO Limited picked up the goods each day. However, this would be a commercially unrealistic arrangement in view of the perishable nature of the goods, and FOO Limited was unable to present any evidence to prove that these were th...

10. [2021] NZEmpC 92 Senate Investment Trust through Crown Lease Trustees Ltd v Cooper [pdf, 179 KB]

    ...failure to settle at mediation and to accept the Authority’s determination. [4] Senate does not oppose the application but takes issue with Mr Morgan’s scale calculation and submits that there is no basis for costs on an indemnity basis or any form of uplift. [5] I note that Senate has sought leave to appeal the Court’s judgment in the Court of Appeal. However, no application for stay has been filed in relation to costs. It is therefore appropriate to determine Mr Cooper’s...