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1. EF v G Ltd NZDT [2021] 1530 (24 February 2021) [pdf, 229 KB]

   ...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...

2. Von Tunzelman v Southland Regional Development Agency Ltd and Tracey Wayte Ltd (Strike-Out-Applications) [2022] NZHRRT 18 [pdf, 167 KB]

   ...and Trades Co-Ordinator for the Southland Regional Development Agency Ltd, trading as Great South (Great South). Mr Von Tunzelman’s application was unsuccessful. [2] After his unsuccessful application, Mr Von Tunzelman made information privacy requests to Great South and HR South in August and September 2019 respectively. Those requests were responded to, but Mr Von Tunzelman alleges that the timing and nature of the responses was in breach of the Privacy Act 1993 (the Privacy Act) a...

3. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...it enforceable? f. If there was no agreement about price, or if the agreement is unenforceable, what is a reasonable price for the work? Who are the parties to the contract? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only CI0301_CIV_DCDT_Order Page 2 of 6 be enforced against the parties to the contract, so it is important to dete...

4. Carley (INZ) v Pastushenko [2016] NZIACDT 10 (16 March 2016) [pdf, 78 KB]

   ...the basis for the complaint: [4.1] A person, who was in New Zealand unlawfully, approached Ms Pastushenko to assist with his immigration situation. He had been in New Zealand without a visa for some years. [4.2] She agreed to assist him with a request to Immigration New Zealand to try to put his immigration situation in order. To give him some means, she allowed him to work at a rate of $16.50/hr for a company she controlled. [4.3] Ms Pastushenko prepared the request for Immigration...

5. LA - Part 2 - Areas of Law Court of Appeal and Supreme Court [pdf, 780 KB]

   ...or category. Case examples should be cases where you played a substantial and active role. examples need to demonstrate substantial and active involvement across a range of cases. Please complete the Court of appeal and Supreme Court Case example Form. You must provide at least five examples of appeal proceedings of various types – including, without limitation, pre-trial hearings, Solicitor-general’s appeals, and appeals by way of case stated. • each example must demonstrate th...

6. 2020-11-23 Fish & Game memo evidence timetable expert conferencing & other matters for PHC.pdf [pdf, 234 KB]

   ...in person. 4 The matters set out in this memorandum are raised as matters to be raised with the Court and potentially discussed between the parties at the pre- hearing conference. Timetabling Evidence exchange 5 Fish and Game respectfully request a one week extension to the deadline for the parties to file evidence in chief, being to 5 February 2021. In the interest of fairness Fish and Game would support a corresponding extension for the Regional Council to file its reply evi...

7. Auckland Standards Committee 1 v Pomeroy [2020] NZLCDT 7 [pdf, 92 KB]

   ...unsatisfactory. [13] We find that Ms Pomeroy’s unsatisfactory conduct is at the lower end of the scale. The conduct was nevertheless not a minor or insignificant breach of Ms Pomeroy’s professional obligations. Ms Pomeroy failed to respond to requests from the Committee over a long period. In doing so, she impeded the Society’s disciplinary processes which are important to the reputation and functioning of the profession. We consider unsatisfactory conduct of this nature s...

8. NL v BU Ltd [2021] NZDT 1565 (28 July 2021) [pdf, 176 KB]

   ...entitled to a refund. Conclusion 8. For these reasons the second issue need not be determined, and BU Ltd is to refund NL $420.00 by the date stated in the order. Referee: K Rendall Date: 28 July 2021 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...

9. [2021] NZEnvC 186 Wallace v Waikato District Council [pdf, 193 KB]

   ...intention to become a party to a proceeding under s 274 of the Act. Close reading of his purported notice shows a wish to be made a party to the substantive resource consent proceeding before the Council, something s 274 does not enable. Each request for declaration will be assessed in turn. Regrettably each has proven to be entirely misconceived. Disclosure of resource consent applications Mr Wallace seeks a declaration on whether a copy of the resource consent applications s...

10. BB Ltd OD Ltd v ED Ltd [2019] NZDT 1532 (18 December 2019) [pdf, 93 KB]

    ...priority over a security interest relating to same goods. 9. However, I am not persuaded that ED has a lien over the vehicle. There is no worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. 10. ED claimed that there was a contractual lien based on verbal agreement. However, the applicants’ representative UN denied any such agreement. ED produced an emai...