Search Results

1. [2016] NZSSAA 043 (16 May 2016) [pdf, 55 KB]

   ...difficult to predict income. 3 (iii) Mr XXXX’s inclusion as a non-qualified spouse was made at the recommendation of the Ministry of Social Development. The appellants were advised that income would be averaged over the year. (iv) Forms appear to have been filled out incorrectly. (v) The assessment of income at $6,112.32 suggests that the Ministry were aware of a possible misunderstanding about the appellants’ income. (vi) The appellants were led to believe that it...

2. LCRO 78/2019 EW v PT and AM (3 February 2021) [pdf, 142 KB]

   ...Respondents The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr EW filed an Application for Review dated 19 June 2019, received in this Office on 20 June 2019. Part 2 of the application form requires the name of the other party to the review to be completed. Mr EW named the other party as being [Law Firm A]. [2] The application for review related to the determination of Mr EW’s complaint about Messrs PT and AM (complaint...

3. [2021] NZEnvC 199 Aokautere Land Holdings Limited v Manawatu-Wanganui Regional Council [pdf, 214 KB]

   ...There was no dispute in these proceedings that no notice of appeal against either of the abatement notices was filed by this time. [9] In July and August 2020, the following process occurred: • On 25 July Mr L Fugle, (a Director of Aokautere) requested that the abatement notices be cancelled on the basis that the Council had not demonstrated a breach of either the resource consents or Regional Plan Rules. A Council officer emailed Mr Fugle on the same day advising that the Counc...

4. ME & NN v QU Ltd [2021] NZDT 1494 (5 May 2021) [pdf, 200 KB]

   ...contract between NN and ME and QU, was the contract frustrated? CI0301_CIV_DCDT_Order Page 2 of 5 c) Is QU liable to refund the balance of $4,000.00 and should it be allowed to retain an amount to cover expenses incurred for the purpose of performing the contract? As regards the [package] tour, did QU contract with NN and ME on its own behalf, or as an agent for a supplier? 6. Agency is a relationship which arises when one person (the principal) authorises another person (...

5. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

   ...of the guarantee of acceptable quality in the Consumer Guarantees Act? b. If yes, is IO Ltd liable for damages, and if so how much, for the following: i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of emotional harm. c. If yes, is TF Ltd liable for damages, and if so how much, for the following: CI0301_CIV_DCDT_Order Page 2 of 5 i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of...

6. BN v T Ltd [2024] NZDT 682 (26 August 2024) [pdf, 260 KB]

   ...22 December 2023 BN incorporated a company, [Company B]. 7. The text messages recommenced on 20 January 2024, as follows (BN is AM and Mr L is RM): 20 January BN to Mr L: Re [Company A] Lease Finalisation for February 2024. Please call for formalise. Thanks. 22 January BN to Mr L: BN, I am on leave at present. I will be in [Town] on Wednesday for a meeting with the directors, I will confirm their acceptance then. 24 January BN to Mr L: Any progress re [Company A] lease ple...

7. QC & U Body Corporate v NS [2024] NZDT 760 (8 December 2024) [pdf, 201 KB]

   ...side by side with no gaps, on the side of the fence facing [Property 2]. The palings will be stepped to follow the slope of the ground, with the fence to have a cut flat top to the degree possible considering the slope, to maintain a reasonably uniform appearance. 3. The parties are to seek an updated quote from F Ltd to complete the fencing work on the basis that: a. U Body Corporate is to promptly speak with F Ltd to vary the scope of work contained in the (as yet unaccepted) qu...

8. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

9. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

   ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...

10. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

    ...Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for such documents as being unduly oppressive. Evidence has been placed b...