Search Results

1. Power & Anor as Trustees of the AR Power Family Trust [pdf, 85 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The letter from Michelle Paddison to the Department of Building and Housing dated 21 July 2010. The information sent by the Western Bay of Plenty District Council to David Payne. The assessor’s report dated 11...

2. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...provisions. He deposed that part of the confusion which he claimed resulted in the Authority partly determining his employment conditions incorrectly, was because the plaintiff did not provide accurate pay and leave entitlement documents despite being requested to do so on a number of occasions. He set out seven pages outlining the differences between the awards of the Authority and what Mr Page claimed he should have been correctly paid. He then provided further material, including...

3. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...application for orders that a preliminary question of liability be the subject of separate trial; the plaintiff’s challenge to the third defendant’s notice of objection to disclosure of documents; and the plaintiff’s application for letters of request for evidence to be taken overseas. [2] It is necessary first to outline the nature of the proceedings between the parties as pleaded. I should emphasise that, except where allegations are admitted, this summary of the case is...

4. BC v GT & TT [2022] NZDT 134 (31 August 2022) [pdf, 102 KB]

   ...The result [15] My order is that TT must pay BC for the repair of the dining area, but not the entry foyer. The sum TT must pay is $3,504.00. Referee: C Hawes Date: 31 August 2022 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 rehe...

5. TG & TS v NS & Ors [2023] NZDT 332 (9 August 2023) [pdf, 207 KB]

   ...liable to pay the Applicant’s insurer $1,773.04. Referee: L Trevelyan Date: 9 August 2023 CI0301_CIV_DCDT_Order Page 4 of 5 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 r...

6. N Ltd v SH [2023] NZDT 295 (24 May 2023) [pdf, 126 KB]

   ...refused to speak to the crew and drove away. 4. SH claims that crew #2 were only present for 10 minutes to assist with the fridge and that this cost was not made clear in the contract, nor was it something he agreed to. He claims that he did inform N Ltd about the fridge, and that N Ltd should have ensured they sent out a team capable of lifting the fridge instead of having to send out more crew. 5. N Ltd claim that had they known about the fridge prior to the move, that they...

7. DX v I Ltd [2021] NZDT 1419 (28 April 2021) [pdf, 109 KB]

   ...has she breached the contract by failing to pay the invoice? (c) If so, how much ought DX pay? Was DX a party to the contract with I Ltd? 3. The law that I have considered in relation to these claims is the law of contract relating to the formation of a contract and the law of agency. 4. Simply put a contract is an exchange of promises between two or more parties. In order to be bound by a contract all the terms of that contract must be clear and certain. 5. Further. where a...

8. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

   ...Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 July 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 4 March 2022 declining Mr Giddy’s request for weekly compensation. Procedural matter [2] Prior to the hearing of this appeal, the parties’ representatives were requested to provide an agreed statement of facts and issues in this appeal, and the Court 2 recei...

9. TQ Ltd v MQ [2017] NZDT 1447 (24 July 2017) [pdf, 104 KB]

   ...contractual or quasi-contractual: the courts have held that the Authority has CI0301_CIV_DCDT_Order Page 2 of 3 exclusive jurisdiction under ERA s 161(1)(r) to hear a claim by an employer that it has overpaid an employee, even though the claim has been formulated as one in restitution. See for example Aztec Packaging Ltd v Malevris [2012] NZHC 243 and Foai v Air New Zealand Ltd [2012] NZEmpC 57. 7. TQ pointed out that the employment relationship between Mr Q and TQ had ended at the...

10. NJ Ltd v UX Ltd [2024] NZDT 383 (22 April 2024) [pdf, 87 KB]

    ...claimed that the total including freight exceeded the quoted price. However, the quotation gave different prices for “6 cans in [region]” and “6 cans by air” (as translated), and the separate charge was for air freight. NJ Ltd’s witness X, a former UX Ltd manager, gave evidence that the quoted price included sea freight but not air freight, which does not support NJ Ltd’s contention that air freight should be included. NJ Ltd has therefore been unable to prove that it was overc...