Search Results

1. 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...

2. TN v KI & QI [2025] NZDT 62 (25 February 2025) [pdf, 141 KB]

   ...the Applicant entitled to a remedy and, if so, is the amount claimed proved and reasonable? Was there a contract of service between the Applicant and the Respondents? 4. A legally enforceable contract can be made in writing or verbal; and can be formal or informal. 5. It is not in dispute between the parties that the Respondents engaged the Applicant to officiate at their wedding as the marriage celebrant. Accordingly, I am satisfied that a contract of service was formed between t...

3. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

   ...credit holders is commercially sensitive along with the number of credits used to date and how many seats it has made available for New Zealand FFC holders in total. It seeks any evidence on this to is suppressed notwithstanding it is this very information which could determine the reasonableness of the remedy offered to New Zealand FFC holders. I note the respondent also requests any reference to any credits held or used by any creditor or the number of seats allocated is also suppressed...

4. KM v IA & KA [2023] NZDT 787 (1 December 2023) [pdf, 184 KB]

   ...personal capacity and the transaction was not related to the restaurant business. Referee: E Paton-Simpson Date: 1 December 2023 1 Torbay Holdings Ltd v Napier [2015] NZHC 2477; BC201563341. 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 rehe...

5. CU v MQ [2024] NZDT 299 (30 April 2024) [pdf, 179 KB]

   ...[2024] NZDT 299 APPLICANT CU RESPONDENT MQ The Tribunal orders: Claim MQ is to pay CU $115.00 within 28 days. Counterclaim The counterclaim is dismissed. Reasons [1] CU sold a number of items on [platform], and inadvertently provided MQ’s bank account number to buyers. The buyers paid a total of $ 474.50 into MQ’s account. At CU’s request, after learning of the errors, MQ paid $300.00 to CU. CU claims the balance of $174.50, as well as $...

6. Employment Court forms & fees

   ...Please let registry know if you will have difficulty paying the filing and/or hearing fees - you can apply for a waiver.   On this page: Information about fees in the Employment Court Ways to file documents and pay filing fee Information about forms in the Employment Court Frequently used forms Other forms Forms used when serving a defendant overseas (other than in Australia) Forms for a case involving a defendant in Australia (and the Trans-Tasman Proceeding Act 2010 Applies If you can't...

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   1. Employment Court

7. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...ill-founded, and directing that the documents be disclosed.5 The Court may inspect the documents to ascertain the validity of the claim. [15] A party dissatisfied with the documents disclosed may apply to the Court for a verification order (in Form 9).6 The Court may make a verification order if satisfied of the probable existence of the document or class of documents specified. [16] The Court must be satisfied that, in all of the circumstances before it, such an order is appr...

8. 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...

9. IH & KH v B Ltd [2024] NZDT 820 (21 October 2024) [pdf, 92 KB]

   ...the burden to prove an B Ltd employee acted negligently and I am not satisfied the evidence shows this. Accordingly, the claim must be dismissed. Referee: P McKinstry Date: 21 October 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 rehe...

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...