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1. L Ltd v N Ltd [2022] NZDT 247 (30 November 2022) [pdf, 236 KB]

   ...hearing took place by phone on 9 November 2022. [L Ltd.’s representative] represented L Ltd. [N Ltd.’s representative] represented N LTD. Findings 15. The relevant law is the law of contract. 16. The issues are: a) Was a contract formed? b) If so, is N Ltd in breach? c) If so, what damages is L Ltd entitled to? Was a contract formed? 17. Formation of a binding contract requires: a) Agreement between the parties on terms that are complete and certain...

2. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...his file. However, it was ascertained that on 28 March 2013, presumably initiated 3 by a request from Mr ZI, the Lawyers Complaints Service had sent Mr ZI a copy it had of the file. It is not clear why NZLS had Mr ZI’s file, or why he had requested it at that stage, nor are those issues relevant to the matter under review.1 The issues addressed by the Committee were: (a) Did Mr WS register a Notice of Claim under s 42(1) of the Property (Relationships) Act 1976 on Mr ZI’s...

3. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

   ...to the extent of rights which vest in the Official Assignee was referred to. b) What was being sought at this stage is a stay to allow the Official Assignee to make necessary decisions under the Insolvency Act. c) If need be, the defendant requested the opportunity to provide submissions on its application to dismiss that part of the fourth amended statement of claim which relates to a claim under s 123(1)(c)(i) of the Act, on the grounds that it is frivolous and vexatious. d...

4. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...exclusion clause in the Contract? 24. The Contract contained General Conditions of Sale on the back. Above the signatures on the front of the contract, there is a passage which reads: CI0301_CIV_DCDT_Order Page 5 of 9 I certify the above information is true and correct and that I am authorised to sell/buy the Livestock. I have read and understand the GENERAL CONDITIONS OF TRADE (overleaf or attached) of Q Ltd which form a part of, and are intended to be read in conjunction wit...

5. AODT Court Operational Policy update 2023 v3.01. [pdf, 304 KB]

   ...Treatment Court (AODT) Legal Aid Services Operational policy July 2023 2 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully ex...

6. Duty Lawyer Operational Policy [pdf, 461 KB]

   Duty lawyer service Operational policy August 2019 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information....

7. Duty Lawyer Policy v-2.16.pdf [pdf, 395 KB]

   ...Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the duty lawyer act for them, they may be nominated as their preferred provider for Criminal Provider Approval Level 3 or 4 cases. In such circumstances, the duty lawyer must provide details as to why they have been nominated as preferre...

8. JC v GCQ Inc [2020] NZDT 1318 (20 November 2020) [pdf, 197 KB]

   ...rent during Covid 19 is not captured here. b. That the tenant pays the landlord reasonable costs for considering a request by the tenant for the landlord’s consent to any matter contemplated by the lease. What is contemplated in this part are requests by tenant for the landlord’s consent for the usual things like assignments and subleases. This landlord in considering whether or not to give consent might require information about the assignee or subtenant but that would be at the...

9. KO v TC [2023] NZDT 713 (17 December 2023) [pdf, 175 KB]

   ...Is KO entitled to $160.00 as claimed, or to any other sum? Has TC breached the contract by not supplying goods sold to KO? 5. When individuals agree to buy and sell goods, they make a contract. Contract law generally requires parties to perform the promises they make to each other unless there is a valid legal reason not to do so. 6. I find there is insufficient evidence to prove a breach of contract. 7. KO has clearly stated that certain key items were not delivered to him....

10. [2020] NZEmpC 73 Waste Management NZ Ltd v Jones [pdf, 361 KB]

    ...for vehicles used by all his staff. [8] As a result of this review, Mr Shipley was not satisfied with what the GPS data showed for Ms Jones’ car during several business days in April 2016. On 22 April 2016, he delivered a letter to her requesting she attend a meeting with him about 1 Jones v Waste Management NZ Ltd [2018] NZERA 170 (Member Doyle). 2 Jones v Waste Management NZ Ltd [2018] NZERA 186 (Member Doyle) at [10] and...