Search Results

1. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...hearing – for the claim to be adjourned as to quantum, until the repair work was complete and the final actual quantum figure, known. I would almost certainly have adjourned the claim prior to the commencement of the hearing, had the Claimants requested an adjournment, on the basis of undertaking the repair work. I would almost certainly have adjourned the hearing, had any of the Respondents requested that, once it became known on day one, that repair work was underway. I would...

2. Harland v ACC [2010] NZACA 9 [pdf, 79 KB]

   ...Operations Support for this request. Your father withdrew the appeal which was primarily dealing with whether you had entitlement under section 80(3) of the Act in force when you were born. 5 The subsequent application made by your father requested assistance for your care needs under section 80 as he indicated that you did not need constant personal attention (that is 24 hour care) related to your injuries. The request made was considered under section 80(2)(b) which I att...

3. WHT- Mediation for standard claims [pdf, 213 KB]

   WEATHERTIGHT SERVICES INFORMATION SHEET Mediation for standard claims - February 2014– Page 1 Mediation for standard claims under the Weathertight Homes Resolution Services Act 2006 INTRODUCTION This information sheet provides information for parties about the mediation opportunity provided within the adjudication process at the Weathertight Homes Tribunal (the Tribunal). In this circumstance, mediation can only be undertaken with the consent of the Tribunal. Separate information is

4. GT & AI v F Ltd [2023] NZDT 537 (2 October 2023) [pdf, 97 KB]

   ...land clearance, mulching, grassing or removal of soil. Was it an express or implied term of contract that the section would be mulched and grassed? 7. An express term of contract is one that has been stated before or at the time the contract is formed. An implied term is one that is so obvious it goes without saying. 8. There is no express term in the Sale and Purchase Agreement which requires the vendor to mulch and grass the section. 9. I find no implied term of contract tha...

5. TE v CH [2024] NZDT 571 (3 July 2024) [pdf, 178 KB]

   ...agreement with TE that it would be responsible for the contractors? Did H Ltd have a contractual agreement with TE that it would be responsible for the contractors? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. For a contract to be enforceable it need not be in writing, however there must be agreed terms, consideration, and an intention to create leg...

6. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...provisions. He deposed that part of the confusion which he claimed resulted in the Authority partly determining his employment conditions incorrectly, was because the plaintiff did not provide accurate pay and leave entitlement documents despite being requested to do so on a number of occasions. He set out seven pages outlining the differences between the awards of the Authority and what Mr Page claimed he should have been correctly paid. He then provided further material, including...

7. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 KB]

   ...visit meeting that he would also be signing the Joint Expert Report. Apparently other experts at the meeting objected to this because they did not consider that KQ met the requirements to hold himself out as an ‘expert’ because he did not have a formal building professional qualification. 27. I dismiss BN’s claim in this regard. 28. It is not in dispute that neither BN or Mr C directly told VT that only CD was to sign the Joint Expert Report. There was some dispute whether BN...

8. Interest on civil debt

   The Interest on Money Claims Act 2016 has changed the process for being awarded interest by the court and claiming interest on a judgment debt from 1 January 2018. Only cases commenced from 1 January 2018 can be awarded interest under the new Act. If you started your case in the District Court before 1 January 2018, sections 62B and 65A of the District Courts Act 1947 will still apply If you started your case in the High Court before 1 January 2018, the old section of the Judicature Act 1908, s

   Located in:

   1. Fines & payments >
   2. About civil debt >
   3. Collect civil debt

9. IZ v JZ & LZ [2024] NZDT 303 (25 March 2024) [pdf, 202 KB]

   ...Tribunal orders: JZ is to pay IZ the amount of $30,000.00 by 16 April 2024. The claim against LZ is struck out. Reasons Background to dispute 1. The parties in this matter are JZ, IZ and LZ. IZ and JZ are siblings. LZ is the wife (or former wife) of JZ. 2. This dispute arose from the parties’ joint ownership of a three-bedroom house in [City] (the property). On 8 March 2017 JZ, LZ and IZ (together with her husband ZM) agreed to settle High Court proceedings regarding...

10. MJ v CB [2023] NZDT 130 (9 March 2023) [pdf, 99 KB]

    ...account of this. This does not affect CB, as I have made the full amount payable to J Ltd on the basis that it will refund the excess of $300.00 directly to him. Referee: J P Smith Date: 9 March 2023 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...