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1. K Ltd v AI & OL [2024] NZDT 250 (28 March 2024) [pdf, 144 KB]

   ...support their contention that they have overpaid K Ltd. I agree with them that K Ltd’s method of accounting used during the project is somewhat difficult to follow, and unclear at first glance. 8. However, having worked through K Ltd’s cost information/documents at the hearing, I find that K Ltd’s final claim does incorporate all adjustments to the first proposed price, including all reductions in scope and all variations added and credits given during the course of the project....

2. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

   ...reasons, NQ is not entitled to any of the further amount sought by her. 43. OW Ltd is to pay to NQ the sum of $1,000.00 on or before 19 July 2021. Referee: P Byrne Date: 28 June 2021 Page 5 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 rehe...

3. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   ...JUDGMENT OF JUDGE B A CORKILL (Application for leave to file amended pleadings) Introduction [1] This judgment determines whether leave to file an amended statement of claim should be granted. The proceeding relates to sanctions sought by a former employee against a director of a former employer. It is the fourth of several proceedings in this Court where compliance difficulties have arisen.1 1 Oliver v Star Moving Ltd [2016] NZERA Christchurch 70. [2] The state...

4. Kaituna Resource Teacher's Notes [pdf, 40 KB]

   f THE TREATY OF WAITANCI TEACHER'S NOTES These two fact sheets have been prepared with fourth form curriculum in mind, however they can be used at all levels of secondary school. They can be used together or separately. The aim of the fact sheets is to introduce the work of the waitangi Tribunal both by showing what claims are and the process they go through, and by providing a case study. The case study - Kaituna Claim - has been set up as a decision-making exercise fo...

5. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...(undated), and as a debit entry on the firm’s Statement of Account dated 12 December 2016. [12] Ms PG also queried the then value of Ms EJ’s work in progress of $16,480 shown on the firm’s Statement of Account dated 31 March 2017. [13] She requested copies of invoices issued by Ms EJ to Mrs SC, and to Mrs SC’s estate together with Ms EJ’s charge (time) sheets, an itemised breakdown of Ms EJ’s fees into six minute units (including the number of units charged) identifying...

6. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...privilege and the requirement to avoid disclosure processes which are oppressive, self-serving and wasteful). [72] This resulted in a challenge being brought. Health NZ now seeks orders that the objection is ill-founded and directing that the requested categories of documents be disclosed to the defendant. [73] That said, Health NZ acknowledges: a. The orders sought are not currently necessary against the third and fourth plaintiffs, on the basis that all relevant documents...

7. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...QC’s suffering was as much a result of his own actions, as it was of XD Ltd’s actions. Therefore, no award of general damages will be made. Referee: C D Boys Date: 7 November 2023 Page 8 of 8 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...

8. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...7. Given the nature of the applications and the key jurisdictional issues involved, the parties were given an option of requesting a hearing to deal with the removal applications should they believe it be appropriate. Two of the respondents requested a hearing and accordingly a hearing convened in Tauranga on Tuesday 7th August 2007. 8. I will deal first with the application for removal based on section 393(2) of the Building Act 2004. In this regard I would...

9. DD v QX [2022] NZDT 239 (2 December 2022) [pdf, 206 KB]

   ...parties’ loss valuation evidence is $1,382.50. The Respondent’s 60% fault contribution puts her portion of the Applicant’ loss at $829.50. Referee: L. Mueller Date: 2 December 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 fo...

10. EX v TY [2022] NZDT 273 (16 December 2022) [pdf, 113 KB]

    ...of probabilities that TY has not breached the guarantees under the CGA, and EX is not entitled to claim a refund of $3,925.10. Accordingly, the claim is dismissed. Referee: L Fuli Date: 16 December 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...