Search Results

1. JC v KB [2019] NZDT 1387 (3 July 2019) [pdf, 152 KB]

   ...parties agree on any amount of payment to Ms C for the damaged car? Did Mr B borrow money from Ms C during the relationship, and what amount, if any, is owed? 5. I find that any money given by Ms C to Mr B during the relationship was on an informal basis and repayment is not enforceable as there was no intention to create legal relations. This conclusion is supported by the fact that there was no record kept of amounts owed and repaid in any form that the parties agreed to. In ad...

2. E Ltd v MN as trustee of NC Family Trust & OC [2024] NZDT 182 (22 July 2024) [pdf, 165 KB]

   ...agreed and Ms MN decided to remain the sole trustee from 5 March 2021 and has benefited from the trust property including two houses since that date. [7] As a trustee at the time the applicant was instructed to provide the services and the work was performed and invoiced, Ms MN is liable to pay for the services she requested. If she has a claim against her former husband, that is a separate matter and is not grounds on which to withhold payment from the applicant. Referee: Hannan...

3. DC v JBD Ltd [2021] NZDT 1379 (11 March 2021) [pdf, 203 KB]

   ...APPLICANT RI APPLICANT SB APPLICANT YE RESPONDENT JBD Limited The Tribunal orders: Claim Dismissed. REASONS: Brief Details of Claim CI0301_CIV_DCDT_Order Page 2 of 4 1. In 2006, the ten applicants formed an art collective named BD. Over time, the collective purchased a number of paintings. On or about 2016, BD decided to sell all of its paintings. BD arranged with JBD Ltd (JBD) to sell the paintings through JBD’s gallery in [Redacted l...

4. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...CORKILL Introduction [1] This judgment decides two applications. The first is made by the defendant. The orders it seeks are: (a) That the remedies sought by the plaintiff in paras 55(a), (c) and (d) of his fourth amended statement of claim be dismissed on the basis that these remedies vested in the Official Assignee under s 101 of the Insolvency Act 2006 (IA), and that upon the plaintiff’s bankruptcy the Official Assignee determined that there was no merit in pursuing...

5. QC v OC [2023] NZDT 59 (21 February 2023) [pdf, 167 KB]

   ...misrepresent B in terms of her having ‘a [feature]’ and/or of being ‘show quality’? 13. I have not addressed all of the considerable arguments pertaining to misrepresentation, such as whether Mrs Bott conveyed, prior to the contract being formed, that she required a ‘show- quality’ puppy and therefore whether there is any inducement, because the counter-claim fails at the first hurdle, which is OC and ECs establishing as a fact that B’s [feature] is not suitable for showing...

6. [2024] NZLVT 023 - YMCA North Inc v Auckland Council (1 May 2024) [pdf, 415 KB]

   ...valuation, there was no evidence of any betterment and his evidence was a “major and unnecessary distraction”.4 YMCA submits there are no special reasons that would disentitle it to costs under s 90(3) PWA. YMCA accepts that the amount claimed was higher than what was ultimately awarded. However, YMCA submits the amount claimed was not unreasonably high having regard to the compensation awarded or the evidence before the Tribunal. There was no comparable market evidence f...

7. LCRO 253/2013 DN v TW (8 August 2017) [pdf, 145 KB]

   ...TW’s service and fees was not necessary or appropriate. Background [2] Ms DN separated from her husband in March 2008, and in January 2009 instructed Ms TW to act for her. Ms DN was facing two issues: a potential claim against her and her former husband for a debt to a family trust (the trust) that may or may not have surrendered its interest in the family home to Ms DN and her husband while they were married, and the identification and division of property between Ms DN and...

8. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

   ...trees would be pruned or felled for safety and when that was complete the property manager would arrange the fence repairs. In later communication that month, they said that the property manager had arranged for repairs to both fences. 14. NA informed the Trustees that she did not want them to attend to the repair of the fence. She also confirmed this position at the hearing. 15. NA’s reluctance to have the work attended to by a contractor arranged by the Trustees appears to st...

9. DE v FJ [2023] NZDT 746 (15 December 2023) [pdf, 215 KB]

   ...organisation] and has over 16 years’ experience as a Variable Order Sharemilker and Sharemilker owning his own herd. SN gave evidence that the Farm Owner is responsible for setting the Farm Management Plan and updating it regularly. It may include information about when cows should be dried off. The Farm Owner has the ultimate responsibility about when to dry off cows. The contract milker is responsible for day-to-day operations and gives information to the Farm Owner. d) I find the...

10. HRRT Guide to filing a reply [pdf, 462 KB]

    ...Tribunal. This should contain your responses to all of the allegations made against you. If you choose not to file a ‘Statement of Reply’, the plaintiff will be entitled to ask that the matter proceed to a hearing without you. For more information visit www.justice.govt.nz/tribunals The Human Rights Review Tribunal Page 1 HRRT 06/09 - 6 You may download a ‘Statement of Reply’ form from www.justice.govt.nz/tribunals or request one from the Secretary of the Human Rights Rev...