Search Results

1. N v K LCRO 9 / 2008 (3 February 2009) [pdf, 13 KB]

   ...subdivision that the applicants, with others, occupy. [2] On 21 August the lawyer for Company T, Lawyer K wrote to the applicants. In that letter he: • Asserted that the applicants did not have the right to use the letterhead “XX Heights” claiming it to be misleading and in breach of intellectual property rights; • Requested copies of the letters of complaint; and • Demanded that the applicants cease and desist using the letterhead immediately. The tone of the letter mi...

2. [2012] NZEmpC 217 Yang v L E Builders Ltd [pdf, 61 KB]

   ...and the factual findings she made. The defendant was not represented at the hearing. The Judge accepted the plaintiff’s evidence that he had raised the issue of his employment status with Mr Loo and that some time later he was asked to sign a form by Mr Loo’s secretary. The judgment records the report by the Document Examination Section of the New Zealand Police on the form the plaintiff signed. The report supported his evidence that he did not fill in the form, other than h...

3. [2021] NZEmpC 171 Hope v Attorney-General [pdf, 195 KB]

   ...an application relating to a litigation guardian for Mr Hope, the plaintiff. [2] At the conclusion of this morning’s telephone conference I made an order for the appointment of a litigation guardian, directing that the Solicitor-General be requested to recommend the appointment of a suitably senior lawyer to take on this role. I said that I would set out my reasons for the appointment of a litigation guardian, which I now do. Background [3] The plaintiff is currently 17 yea...

4. ES v M Ltd [2023] NZDT 218 (3 May 2023) [pdf, 93 KB]

   ...remains at the premises of [mechanic company]. As this order now vests ownership of the car in M Ltd, M Ltd may collect it and deal with it as it wishes. Referee: C Hawes Date: 3 May 2023 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 reh...

5. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...days. Although the fees charged in SU’s case were lower, the administration charges differ from the initial fee in being fixed charges rather than up to a maximum. It is the clause itself that must be enforceable, and a partial waiver cannot transform an unenforceable penalty into an enforceable term. 11. Also, the administration fees are for late payment rather than for parking violations. Adding $180 to a $80 debt after fourteen days seems out of all proportion to the interest in tim...

6. KG v TM [2025] NZDT 2 (22 January 2025) [pdf, 132 KB]

   ...to TM being ordered to pay $7657.48. There was no disagreement about the repair cost and I find it reasonable after examining all evidence of the cost and repair. Referee: J Savage Date: 22 January 2025 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...

7. KC & LC v BD [2024] NZDT 335 (16 May 2024) [pdf, 140 KB]

   ...rent, or to the storage fees they incurred when the decided to move out on 27 December. 16. For these reasons I find that BD is liable to pay LC and KC $350.00. Referee: L Trevelyan Date: 16 May 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 reh...

8. [2018] NZEmpC 60 FGH v RST [pdf, 720 KB]

   ...warning. She said, “I don’t want to call it bullying”. Ms Julian apologised and told her that this was not her intention, and confirmed the reason for the meeting. Ms H said she understood what was intended. [46] Then, Ms Julian initiated a request for advice on assisting a person with ADD. On 6 August 2015, she spoke with an Employment Assistance Programme (EAP) counsellor as to appropriate strategies and techniques; that person made the comment that Ms Julian needed to...

9. Morehu v Māori Trustee - Tokerau A14B2 (2007) 313 Rotorua MB 256 (313 ROT 256) [pdf, 6.7 MB]

   ...also clear that the deceased did not discuss the sale with the applicant. However, the real question is what would happen to the shares if Te Mata Morehu did not buy them? [33] The applicant says the shares were held by the Maori Trustee on some form of trust, constructive or resulting, in favour of the deceased or his whanau. The Maori Trustee submits that he was the purchaser for valuable consideration and that no trust, either resulting or constructive, was ever agreed to or aris...

10. [2009] NZEmpC AC 7/09 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 22 KB]

    ...claims to have been put to considerable costs as a result of the plaintiff’s continued breaches and failures and claims that his position is now severely prejudiced should the Court grant a further extension of time. On that basis he requests the Court to dismiss the challenge and allow him to commence enforcement action. [15] He has also expressed the view that he is extremely concerned that he is required to continue to incur the cost of preparation for a hearing wh...