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1. FT Ltd v D Ltd [2020] NZDT 1418 (27 November 2020) [pdf, 321 KB]

   ...suspend services for non-payment). 13. D Ltd pointed to two key issues in relation to the failure to deliver the payroll module: 1) timeframe for implementation; and 2) NZ compatibility. Payroll Delivery: Timeframe 14. The contract stated in clause 2 that the payroll module would be implemented in 6 - 8 weeks. 15. FT Ltd says this must necessarily be an estimate as the implementation of payroll is entirely reliant on information being provided by the customer, so it cannot com...

2. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...respect of the remaining four work types is correct. Background [4] The appellant has cover for concussion and a left ankle sprain suffered on 10 July 2002. She was at that time working as an ACC case manager. She continued to work for ACC. [5] She also has cover for contusions to the left knee, left elbow/forearm and left wrist from an accident in 2003 when she fell onto her outstretched left hand. She also has cover for right wrist sprains caused by accidents on 16 June 200...

3. E99 Karl Cook and Vijay Lala – Planning - RE – Applicant [pdf, 3.6 MB]

   ...buildings achieve a reasonable level of design quality for the location. We consider the Design Requirements achieve the relevant design criteria of the AUP having regard to the temporary nature of the syndicate bases and their coastal setting. 4.5 The other design related matter addressed by Ms Skidmore also suggests public access along the former Brigham Street alignment be provided by amending condition 6A2. However, the proposed amendment (as drafted) would apply beyond the...

4. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...The plaintiffs contend that the actual costs incurred by the defendant are unreasonably high, and that there are a number of factors which warrant a decrease in the quantum of any award in the defendant’s favour. General principles [4] Clause 19(1), Sch 3, of the Employment Relations Act 2000 (the Act) confers a broad discretion as to costs. It provides that: The court in any proceedings may order any party to pay to any other party such costs and expenses ... as the court...

5. [2012] NZEmpC 159 Q v W [pdf, 2 MB]

   Q v W NZEmpC AUCKLAND [2012] NZEmpC 159 [18 September 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 159 ARC 47/04 IN THE MATTER OF de novo challenge to a determination of the Employment Relations Authority BETWEEN Q Plaintiff AND W Defendant ARC 70/08 AND IN THE MATTER of proceedings removed AND IN THE MATTER of further and better particulars BETWEEN Q Plaintiff AND W Defend

6. RK v LP LCRO 292 / 2011 (1 October 2012) [pdf, 70 KB]

   ...Practitioner was at all times acting on the instructions of his client; d. The Practitioner does not owe any duty of care to the Applicant; e. The franchise agreement required the franchisee to grant a general release on the transfer of the business (in clause 18.11); f. The Applicant was separately advised; g. There was no undue pressure to sign the termination deed and it was ultimately a commercial decision for the Applicant; and h. The issues ought to properly have been rais...

7. AA v GQ LCRO 321/2013 [pdf, 142 KB]

   ...the Court because he had not been provided with these documents. He asserts Mr GQ was incompetent. Review [13] This review has been progressed by Mr Vaughan, a delegate duly appointed by the Legal Complaints Review Officer (LCRO) pursuant to clause 6 of schedule 3 of the Lawyers and Conveyancers Act 2006 (the Act). The LCRO has delegated to Mr Vaughan all of the LCRO’s functions and powers under the Act. He has also 6 Above n...

8. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 19 [pdf, 155 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2017] NZREADT 19 READT 032/15 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 302 AGAINST KAREN CROCKETT Defendant On the papers Tribunal: Hon P J Andrews, Chairperson Mr J Gaukrodger, Member Ms C Sandelin, Member Submissions received from: Ms S Earl, on behalf of the Committee

9. MVDT Annual Report 2019-2020 [pdf, 381 KB]

   ...Disputes Tribunal has dealt with during the year. 2. Explain how those applications were resolved. 3. Detail cases which, in our opinion, require special mention. 4. Highlight the Tribunal’s increasing use of audiovisual technology. 5. Make recommendations regarding amendments to the Act. 1. Summary of applications dealt with The Tribunal dealt with a total of 494 matters this year, consisting of 407 new applications, 1 matter remitted back from the District Court...

10. [2018] NZEmpC 131 RPW v H [pdf, 244 KB]

    ...undertaking given by the first defendant as part of a mediated settlement when representing a client. Such settlement was effected under the Act by the Mediation Service. The undertaking by the first defendant was an agreement by him to comply with a clause in the settlement requiring non-disparagement of the plaintiff. [6] The subsequent breaches by both the defendants, and thereby breaches of obligations imposed on their client, led to orders prohibiting publication. The comp...