Search Results

1. ET v TM [2023] NZDT 453 (21 August 2023) [pdf, 178 KB]

   ...event is in the same situation of not being able to prove his version of what happened. Both parties must therefore bear the cost of their own repairs. Referee: E Paton-Simpson Date: 21 August 2023 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...

2. DC & IC v J Ltd [2024] NZDT 391 (10 June 2024) [pdf, 130 KB]

   ...fence has an effect on both parties. Furthermore, not that I accept their argument, but if I did, J Ltd’s argument is weakened in that the screws used to fix the posts to the boundary fence would have to breach the “middle line” to provide some form of strength for the posts to hold the corrugated iron. That in itself would require notice and consent from IC and DC, which was not done. If it is a change to the existing boundary fence, then what is the remedy? 7. Having found tha...

3. T Ltd v B Ltd [2023] NZDT 322 (1 September 2023) [pdf, 241 KB]

   ...SB says that B Ltd is contractually bound to pay as NJ’s statements led to a contract forming between the parties. She highlights that NJ contacted her and asked her to complete the reports for the homeowner creditors. 15. B Ltd says that the request was on the basis that SB was representing the homeowners, and so the request for information was to enable them to establish their claims, rather than as a service to B Ltd. UI says that as this is the liquidation, at a minimum there wo...

4. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 KB]

   ...all or part of the Works, and certainly does not include all of the parts and materials for which invoices have been rendered… [paragraph 25 e. of Mr Beech’s determination] 7. I agree with Mr Beech’s comments in relation to the information he had at the time. However, after his determination and for the purposes of the Dispute Tribunal claim, ND provided a written witness statement from Mr Emmitt dated 28 June 2020. At paragraph 5 of that statement Mr Emmitt says he had b...

5. Wai 3300, 2.6.019 Memorandum directions of Chief Judge Dr C L Fox commencing wānanga ā-rohe phase [pdf, 520 KB]

   ...confirmed). This may include Hastings, Gisborne, Whakatāne, Rotorua, and Taupō. (d) Western region (venue to be confirmed). This may include Tūrangi, Taumaranui, New Plymouth and Whanganui. Pre-wānanga preparatory processes Participating claims 12. A preliminary list of claims for this inquiry is attached to this memorandum-directions as Appendix B. 13. A list of consolidated claims which have requested to participate in the Wai 3300 kaupapa inquiry is attached as Appendix C...

6. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

   ...injury, he had a small hobby farm running pigs. He was unable to work effectively as a builder after the accident, so he received earnings-related compensation from the respondent Corporation. Accordingly, he built up the farm as the appropriate form of rehabilitation in order to become independent of the Corporation. [3] A self-employment grant from the Corporation was sought. While this was eventually declined, Mr Chalecki put considerable money into the farm, even buying a bigge...

7. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

   ...available if the Review Officer considers that the review can be adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [40] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The applicant requested that there be a hearing with both parties present. The respon...

8. [2014] NZEmpC 103 Hill v Teck Properties Ltd costs [pdf, 68 KB]

   ...requested further information in relation to this and an indication was given that it could be provided after some horse sales, which were taking place three weeks hence. Ms Shattock appears to have emailed the defendant’s accountants the same day requesting the financial information that had been sought. [9] No further contact was made by the defendant, although two additional emails were sent by Mr Hill’s counsel on 18 and 28 November requesting the financial information and...

9. TD v DJ Ltd [2022] NZDT 167 (13 October 2022) [pdf, 163 KB]

   ...in his claim he would need to show that DJ Ltd did not use reasonable care and skill when it provided its carparking service. He would need to show that it failed to do something that a reasonable provider of an airport car park would do. 10. Form the evidence provided, I find that TD has not shown that DJ Ltd failed to use reasonable care by failing to do something that it ought to have done in this situation to stop the theft of TD’s vehicle. Although TD considered that DJ Ltd...

10. 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...