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1. BN & KN as trustees for the N Trust v I Ltd [2024] NZDT 188 (8 February 2024) [pdf, 182 KB]

   ...Ltd. They had allowed for this sum as a set-off in the claim that they filed. As their obligation to pay it is not disputed, they must pay that sum to I Ltd. Referee: C Hawes Date: 8 February 2024 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...

2. BC v KQ & EQ [2024] NZDT 146 (15 April 2024) [pdf, 193 KB]

   ...4. The issues to be resolved are: a. Has KQ paid for the car as agreed? b. If not, is BC entitled to $4,900.00 as claimed? Has KQ paid for the car as agreed? CI0301_CIV_DCDT_Order Page 2 of 4 5. Contract law requires parties to perform the promises they make to each other unless there is a valid legal reason not to. 6. I find KQ has not paid for the car as agreed. 7. I reach that finding because KQ and EQ acknowledge that despite being given bank account details X...

3. BN & QN v EG [2024] NZDT 884 (22 December 2024) [pdf, 105 KB]

   ...been issued on the day of inspection, based on a specialist investigator’s conclusion; f. while my focus is on evidence presented, rather than absent, I refer to that as an example of the type of evidence which can be unequivocal and form the basis of a finding. QN and BN offered evidence from their structural engineer which clearly confirms existence of substantial rust. However, Mr M’s evidence appears to me to be outside of that working familiarity with both the V...

4. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...application for orders that a preliminary question of liability be the subject of separate trial; the plaintiff’s challenge to the third defendant’s notice of objection to disclosure of documents; and the plaintiff’s application for letters of request for evidence to be taken overseas. [2] It is necessary first to outline the nature of the proceedings between the parties as pleaded. I should emphasise that, except where allegations are admitted, this summary of the case is...

5. NG & OG v JS [2024] NZDT 33 (18 January 2024) [pdf, 151 KB]

   ...their claim to the required standard. If an applicant fails to do that, then the claim must be dismissed whether it has merit or not. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties. I would like to reassure the parties that all information and evidence presented to the Tribunal has been considered, but this order refers only to essential material and is not intended to be a...

6. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

   ...Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 July 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 4 March 2022 declining Mr Giddy’s request for weekly compensation. Procedural matter [2] Prior to the hearing of this appeal, the parties’ representatives were requested to provide an agreed statement of facts and issues in this appeal, and the Court 2 recei...

7. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

   ...TRIBUNAL ON THE MERITS 2 Introduction [1] Mr Harris alleges that on a date unknown at a café in Albany near Auckland Prison, the Department of Corrections (Corrections) lost documents from his file and thereby disclosed personal information in breach of information privacy Principle 11. The issue in this case is whether the evidence establishes that such breach occurred. Non-publication orders [2] At the commencement of the hearing on 3 April 2013 Ms Reddy for Correc...

8. BI v O Ltd [2024] NZDT 269 (27 February 2024) [pdf, 182 KB]

   ...service by OX was reasonable. I have considered BI and KI’s submissions that KI was misled when she relied on the technician’s telling her that they could fix the chip in the windscreen. However, I am satisfied that OX took all precautions and informed KI appropriately. There was an offer made by OX to give a discount to KI if she wanted her windscreen replaced by Novus West, however this was not taken up. The fee for attempting to fix the chip of $100 was not charged. 10. I find B...

9. Mayfair Street Units v Spargo [pdf, 323 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-101-15 and 18 BETWEEN DAVID ALFRED FRANKLIN and DIANE HOLROYD FRANKLIN – Claimants in TRI 2009- 101-15 AND NGAIRE ANN SHERWIN and HTT 2003 LIMITED AS TRUSTEES OF THE KEREOPA WHANAU TRUST– Claimants in TRI 2009-101-18 – known as MAYFAIR STREET UNITS Claimants AND LYNN and MERLYN SPARGO First Respondents AND NORFOLK HOMES LIMITED Second Respondent AND LINDSAY MACK Third Respondent AND GIANNE MARCHE

10. EI v TB [2020] NZDT 401 (19 March 2020) [pdf, 130 KB]

    ...amount claimed? [16] Having made the findings in paragraph [14], I also find that EI is not liable to pay the amount claimed. I therefore dismiss TB’s claim. Referee: P Ferguson Date: 19 March 2020 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...