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1. EF v UM [2021] NZDT 1694 (8 October 2021) [pdf, 115 KB]

   ...2019, EF and UM signed an Agreement to Purchase. The header page named “[Company 1] or nominee company” and “EF or nominee” as the parties. The agreement set out “action steps” for EF to acquire a 33.33% interest in a company yet to be formed, referred to as [Company 1], which was to be a 50/50 joint venture partner in an existing company, [Company 2]. 2. The agreed consideration was $100,000.00, which EF was to pay in instalments. A deposit of $20,000.00 was payable as soon...

2. [2022] NZACC 18 - Carey v ACC (2 February 2022) [pdf, 293 KB]

   ...cease weekly compensation on 4 July 2002 was wrong in law. 2 Robinson v Accident Compensation Corporation [2007] NZAR 193 (CA). 3 Carey v Accident Compensation Corporation [2013] NZACC 330. [30] In respect of ACR 15/21 the appellant requests that the court award interest on backdated earnings-related compensation from 1978 as per the Interest on Money Claims Act 2016. Further the appellant requests an independent accounting firm be appointed to calculate the sum and be g...

3. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...refund comes to well over the $5,500.00 claimed, but IO cannot recover more than the amount of his claim. I have therefore ordered payment of $5,500.00. Referee: E Paton-Simpson Date: 26 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 apply for a reh...

4. E Ltd v DM & KA [2023] NZDT 483 (23 June 2023) [pdf, 145 KB]

   ...can proceed in the Tribunal. Were either or both of the respondents contractually liable to pay E Ltd? 7. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 8. The contract between E Ltd and the finance company was in writing, but the arrangement between E Ltd and the respondents was largely verbal. KA submitted that DM bought her the car...

5. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   ...offered MC another horse, but did not accept that XJ should not be used on the trek. MC and TC did not want another rider to have to ride XJ. 26. XB and MF submitted that: a. Not all of their horses are profiled on their website. b. The information on the website about the number of riders was out of date. The limitation only applied for a period when an access road was washed out, which meant that all of the equipment had to brought by pack horses accompanying the riders. The r...

6. OIA-107203.pdf [pdf, 179 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 26 September 2023 Ref: OIA 107203 Tēnā koe Official Information Act request: Immigration and Protection claims Thank you for your email of 2 September 2023, to the Ministry of Justice (the Ministry) requesting, under the Official Information Act 1982 (the Act), information regarding appeals to the Immigration and P...

7. George v ACC [2012] NZACA 13 [pdf, 78 KB]

   ...removed. However this did not occur in Mr George’s case. I am of the opinion that the silk was responsible for the septic “arthritis” eventually leading to total destruction of the shoulder.” [16] On 18 December 1980, Mr McMillan also requested the Corporation cover the appellant’s current condition. He gave a detailed medical and work history and noted that the appellant was left with very considerable permanent disability at his right shoulder and as the appellant had...

8. BR v YD LCRO 64 / 2011 (9 May 2011) [pdf, 105 KB]

   ...instructions from the Applicant) to the vendors’ solicitor, suggesting that the matter could be settled by the vendors purchasing the property back from the Applicant. [11] By this stage, the Applicant had become unhappy with the Respondent’s performance, and approached the various parties directly with a view to settling the matter on the basis that the various parties effected and paid for repairs to the property. Settlement was reached along these lines. [12] The Respond...

9. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...against him in breach of privacy principle 10. Principle 10 restricts personal information obtained in connection with one purpose from being used for any other purpose. [6] Following Mr Judge’s complaint to the Privacy Commissioner, Wintec informed Mr Judge that it would cease using the information provided by Care Park. [7] Mr Judge also complained to the Privacy Commissioner that Care Park had interfered with his privacy in disclosing information about him to Wintec concerning his...

10. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [pdf, 418 KB]

    ...proposed that extra available hours be shared equitably between employees. For employees who had their hours of work reduced the claim was that they would be entitled to redundancy compensation, or partial redundancy compensation, according to a formula. [13] Some other clauses, not in Kaikorai’s draft, were included in the union’s claims, such as birthday leave, redundancy, employment relations education leave and funeral benefit insurance. [14] At the start of the...