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1. [2025] NZEmpC 24 Cunningham v healthAlliance NZ [pdf, 157 KB]

   ...order if it is satisfied of the probable existence of a document or of a class of documents.3 [5] Mr Cunningham submitted that common sense dictates that the number of documents would be in the hundreds rather than in the tens. He noted that the request was made for emails either to or from the three named individuals, not just emails between them. Further, he provided analysis of the disclosed emails that, he said, indicated the distribution of the disclosed emails, in relation t...

2. T Ltd v ND [2024] NZDT 739 (22 August 2024) [pdf, 187 KB]

   ...QX knew the auctioneer had already flown down for the auction. 13. Accordingly, I find that ND is required to pay the auctioneer’s fee of $805.00. Referee: S Simmonds Date: 22 August 2024 Page 3 of 3 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...

3. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...amount of discolouration is bound to be present, especially after more than a year of use. 18. For the reasons outlined above, I dismiss the claim. Referee: DJ Dwyer Date: 8 October 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 reh...

4. T Ltd v H Ltd [2024] NZDT 735 (15 October 2024) [pdf, 103 KB]

   ...December 2022 T Ltd issued Invoice 0217 for $19,875.67 but says H Ltd has not paid it for this work. 2. H Ltd denies liability saying it has been caught up in unusual circumstances. In February 2022, T Ltd identified and notified H Ltd that its former employee Mr U had apparently altered invoicing arrangements directly with H Ltd, directing H Ltd to pay another company and a different bank account. H Ltd says it complied with the request made by Mr U and paid Mr U’s business for t...

5. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...Which of the respondents are liable under the contract? 10. Parties to a contract are bound by the terms agreed and are liable for any breaches of or failures to comply with their obligations under the contract. If at the time the contract is formed a party does not disclose that he or she is acting on behalf of someone else, that person will be personally liable under the contract. 11. At the hearing LN explained that the contact details for advertisement she found on [social m...

6. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...

7. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...has agreed to do under the contract. 6. NI requested a quote from Q Ltd to move his belongings. Q Ltd indicated to NI that he should allow 5-6 hours depot to depot with three men. Given NI engaged Q Ltd after that estimate was given, I find that formed the basis of their agreement. 7. NI said he thought it would only take 3 to 3 and half hours as he had recently moved within town and that is how long it had taken on that occasion. However, NI did not indicate to Q Ltd that he thoug...

8. QC v S Ltd [2024] NZDT 549 (19 July 2024) [pdf, 184 KB]

   ...not that the wrench was mistakenly left out of the items given to QC, I find that QC is entitled to a refund of the money he has paid for the item, which is $90.00. Referee: M Wilson Date: 19 July 2024 Page 3 of 3 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 reh...

9. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...They did not provide the accommodation service with reasonable care and skill. They are ordered to refund $351.50 to NC for the breach of the FTA. Referee: B M Smallbone Date: Monday, 22 July 2024 Page 3 of 3 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...

10. DZ v LU & IW Ltd [2024] NZDT 469 (4 June 2024) [pdf, 200 KB]

    ...responsibility to follow up on the bill/s before or at the time they were transferring the lease. 13. Since DZ has not provided evidence of if/when she sent the rates bills to IW Ltd, and since she also had a responsibility to mitigate losses in the form of late payment fees, I find that in all the circumstances here, IW Ltd is liable to pay only the proportional rates amount of $3071.55 for the period in question and not the late payment fee of $568.55. Referee Perfect Date:...