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1. X Ltd v HK [2025] NZDT 167 (19 May 2025) [pdf, 186 KB]

   ...of jurisdiction or unnecessarily prolonged proceedings. As none of these exceptions apply in this case the applicant’s claim for costs is dismissed. Hannan DTR Disputes Tribunal Referee 19 May 2025 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 re...

2. [2007] NZEmpC AC 59/07 Paki v Panel Holdings Ltd [pdf, 18 KB]

   ...Authority’s determination caused s181 of the Employment Relations Act 2000 to be engaged and, in particular, that Ms Paki may not have participated in the Authority’s investigation in a manner that was designed to resolve the issues involved. I requested the Authority to provide the Court with a report under s181(1). I agreed that the company should not have to plead to the statement of claim until Ms Paki’s solicitor on the record confirms to the Registrar that he had instr...

3. NZ Private Prosecution Service Ltd v Key (Service of Statement of Claim) [2015] NZHRRT 22 [pdf, 41 KB]

   ...direction that Ms Bailey be served with the proceedings is not a suggestion she should exercise her right to apply under s 108. It is simply a recognition that in fairness she should be in a position to make an informed 3 decision. While it is requested that Ms Bailey notify the Tribunal whether she intends availing herself of s 108, she does have the option of reserving her position until more is known. In the latter case she can file an address for service which will have the p...

4. EN v B Ltd [2023] NZDT 501 (3 October 2023) [pdf, 228 KB]

   ...$1500.00 for his losses? 12. Having found EN breached a term of his agreement, he is not entitled to claim his losses and accordingly the claim is dismissed. Referee: Nigel Wolland Date: 3 October 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...

5. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

   ...circumstances, which related RVB’s employment. 12. The Applicants demanded to know the details of the change to the Respondents’ personal circumstances, which the Respondents claim is personal and they are not willing to disclose sensitive private information. 13. The case law proffered by the Applicants involves a purchaser that attempted to avoid a Sale and Purchase Agreement on a financing condition but for reasons other than financing. The court found that the Respondent h...

6. DX v E Ltd & DH [2024] NZDT 774 (17 September 2024) [pdf, 91 KB]

   ...paid for the joinery, and before he picked it up, his builder told him the joinery needed to meet the NZ standard 0.46 for thermally broken joinery to get building consent. He checked and found out the joinery did not meet this standard, therefore, he formed an opinion that CB gave him false information about the joinery, which induced him to enter into the contract. 4. CB gave evidence that DX told him he was looking for double glazed joinery and that is what he showed him. DX did not...

7. G Ltd v C Ltd [2024] NZDT 506 (25 June 2024) [pdf, 107 KB]

   ...referred to her ‘counter-claim’ but it was established that she meant her submissions in response to the claim which contained no reference to sums that C Ltd had spent or wished to claim. She did then state at the hearing that she wished to lodge a formal counter-claim. 5. Given that this matter has been through a rehearing process (because the respondent did not receive notices prior to the first hearing), and that the rehearing decision states that any counter-claim needed to b...

8. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...largely agreed with Mr Dalton’s evidence at the hearing. No other expert evidence disputed any of these conclusions. In particular I accept Mr Dalton’s and Mr Bukowski’s evidence that vertical control joints were absent or at best poorly formed. Mr Ballard did not attend the hearing to explain how he joined the sheets. Mr Dalton’s and Mr Bukowki’s evidence was objective, credible and carefully considered. Mr Dalton and Mr Bukowski considered that the defects in connecti...

9. Chalecki v Accident Compensation Corporation (Personal injury/Deemed cover) [2024] NZACC 147 (2 September 2024) [pdf, 356 KB]

   ...Within the Statutory Timeframes? .......................................................... [51] Cover for a C7/T1 Disc Prolapse and Declining Funding for Surgery Whether There Was Already Cover for C7/T1 Disc Prolapse at the Time the Surgery Request Lodged? .................................................. [66] If no Pre-existing Cover, Whether C7/T1 Disc Prolapse was Caused by the 14 September 2020 Accident ........................................... [69] Conclusion ................

10. MJ v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 220 [pdf, 195 KB]

    ...the appellant’s level of impairment had changed since her previous assessment was noted as being “Now unable to work/loss of confidence. Situation has deteriorated”. Medical consultation notes by Dr Conolly dated 10 December 2008 record “forms filled in for reassessment of sensitive claim”, 3 with symptoms noted as “depression, loss of confidence, panic attacks and flash backs”. Dr Conolly also lodged an ACC54 form for the purpose of applying for the reassessment...