Search Results

1. Campbeltown v Dunoon LCRO 129 / 2009 (11 November 2009) [pdf, 85 KB]

   ...conduct of Mr Dunoon in respect of work Mr Dunoon did for him when he purchased a unit in the Swansea retirement village in 2006. Mr Dunoon is a consultant at the firm XX. The purchase was from a third party (which appears to be the estate of a former resident). In particular Mr Campbeltown complains that it was never explained to him that he was not purchasing any estate in land or property in the transaction but only a personal right to occupy. He also complained that another lawy...

2. Ha v The Real Estate Agents Authority (CAC 412) and Griffiths [2018] NZREADT 57 [pdf, 369 KB]

   ...(the Rules). Nothing turns upon this distinction so far as the present appeal is concerned. The applicable rules were couched in the following terms: 9.4 A licensee must communicate regularly and in a timely manner and keep the client well informed of matters relevant to the client’s interest. … 9.11 A licensee must not invite a prospective client to sign a sole agency agreement without informing the prospective client that if he or she enters into or has already entere...

3. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 [pdf, 234 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2010-100-000112 [2012] NZWHT AUCKLAND 4 BETWEEN ROGER JERZY AND SAMANTHA KAY ZAGORSKI Claimant AND WILKINSON BUILDING AND CONSTRUCTION LIMITED First Respondent AND ALLIED HOUSE INSPECTIONS LIMITED Second Respondent AND AUCKLAND COUNCIL Third Respondent AND RICHARD ANDREW JOHN WILKINSON Fourth Respondent AND CATHERINE WILKINSON Fifth Respondent AND TIMOTHY JOHN BURCHER Sixth Respondent AND HITEX BUIL

4. B Ltd v Z Ltd [2024] NZDT 621 (11 July 2024) [pdf, 216 KB]

   ...Investment $22,500.00: $15,000.00 franchise fee and $7,500.00 starter kit (GST exclusive) • Income guarantee: 1 year $30,000.00 • Expenses: 15.7% of income $4,710.00 • Profit $25,290.00 • Start-up kit included equipment and products, uniforms, stationery, “all customers necessary to meet the agreed contract amount (plus an amount for contingency)”, initial support including “no charge help with cleaning during start-up”, and vehicle signage. 4. The commercial clean...

5. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...release” by the plaintiff. [41] I find that the payment of the NCP is in consideration of the defendant performing the two stipulated conditions. The defendant performed those conditions and therefore there is no basis for making the deductions requested by the plaintiff. [42] I order that the plaintiff pay the defendant the sum of $4,659.85. 3. Were the costs awarded by the Authority excessive if not intentionally punitive? [43] The plaintiff submits that the costs awarded...

6. Baigent v ACC [2014] NZACA 18 [pdf, 58 KB]

   ACCIDENT COMPENSATION APPEAL AUTHORITY NEW ZEALAND [2014] NZACA 18 ACA 9/14 (formerly ACA 9/13) Gary Richard Baigent Applicant ACCIDENT COMPENSATION CORPORATION Respondent Before: D J Plunkett Counsel for the Applicant: J Miller Counsel for the Respondent: P McBride Date of Decision: 31 October 2014 __________________________________________________________________ DECISION _____________________________________________________________

7. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

   ...parents of persons living permanently in New Zealand. [2.5] Ms Lozano was not aware of this class of visa and failed to provide the appropriate advice. Ms Schiller-Cooper did her own research, ascertained this was the best solution, and completed the forms to apply for such a visa herself, on her mother’s behalf. Ms Lozano still did not understand the relevant policy. [2.6] Ms Schiller-Cooper complained to Ms Lozano regarding her failure to give appropriate advice. Ms Lozano wrote...

8. Adams v Aucamp [2016] NZIACDT 53 (14 September 2016) [pdf, 210 KB]

   ...became strained, Mr Aucamp left a threatening message on the complainant’s telephone. [1.1.5] Mr Aucamp overcharged the complainant’s parents, and failed to refund the over-payment. [1.1.6] He did not have a written agreement for work he performed for the complainant’s parents. [2] The Tribunal found Mr Aucamp was careless in relation to the IELTS score, he failed to report on filing the expression of interest, he did not have a written agreement and presented a backdated agre...

9. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...that the investigation meeting had been scheduled for 1 June. [10] When Ms Davidson raised that with Ms Ryder on 29 May 2016, Ms Ryder replied, incorrectly, that the date was wrong. Then, on 30 May, Ms Ryder sent an email to the Authority to request that the investigation meeting scheduled for 1 June be adjourned. Although Great Barrier Airlines did not consent to the adjournment, the investigation meeting was postponed that day. [11] Ms Davidson contacted the Authority...

10. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

    ...Rottier alleged he had been discriminated against because he was pulled aside in circumstances where others were not. He wanted his grievance to be addressed by an apology (formal and in writing) and wages lost due to the incident. He requested a response by 13 May 2019. [36] On the morning of 8 May 2019, MBIE’s Mediation Services sent an email to Mr Henderson stating that a request for mediation had been received from Mr Rottier, on the grounds there had been an “unjus...