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1. [2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board [pdf, 220 KB]

   ...determination was required on a preliminary issue; 2 Shaw v Bay of Plenty District Health Board [2022] NZEmpC 10. 3 “Employment Court of New Zealand Practice Directions” <www.employmentcourt.govt.nz> at No 16. 4 Relying on PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC); and Judea Tavern Ltd v Jesson [2017] NZEmpC 120, [2017] ERNZ 726. 5 The tariff is $4,500 for the first day of the matter and $3,500 for subsequent days. (b) a number of...

2. DE v TQ [2021] NZDT 1572 (20 July 2021) [pdf, 219 KB]

   ...from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation induced the party relying on it to enter into the contract, and that representation turns out to be incorrect, it is a misrepresentation to which s35(1)(a) of the CCLA applies. 8. TQ advertised the Boat for sale...

3. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...concert on 16 February 2020. That equates to approximately 50% of the full price of the two tickets she purchased (including fees). 2. TB says Sir Elton John had “walking pneumonia” so didn’t get to see the whole concert. Sir Elton John performed for less than 2 hours and only played 14 of the songs on his songlist of 24. She says he had consistently played 24 songs on tour and he should have cancelled before the concert. 3. DF Ltd was represented at the hearing by BT (the C...

4. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...and purchase (“ASAP”) before speaking with MI Ltd or asking them to act on their behalf. 13. MI Ltd was sent a copy of the signed ASAP on 20 December 2019, their last business day of the year. Therefore it did not have any input into the form or content of the ASAP. 14. The front page of the agreement noted that there was no condition that required a LIM to be obtained. However, there was a further condition that the agreement was conditional upon: the approval in all res...

5. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   ...that date, or such later date as agreed between the parties, F Ltd can dispose of the bike as it sees fit. 56. The claim is dismissed. Referee: P Byrne Date: 12 December 2023 Page 6 of 6 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...

6. Yandall v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 104 [pdf, 212 KB]

   ...power 5/5 both arms Shoulder – pain on active abduction above 30 degrees … IMP: ongoing shoulder pain? A rotator cuff injury? Subac Bursitis? Would benefit from steroid injection. [44] Apart from analgesia and physiotherapy, Dr Fuller re-requested an urgent ultrasound of the shoulder. He also noted: Requests assessment for personal cares support – action – struggles to dress/change clothes – explained I am unsure what support will/can be provided – that is depende...

7. M Ltd v G Ltd [2024] NZDT 704 (27 August 2024) [pdf, 179 KB]

   ...usual understanding of a ‘full and final settlement’ and would not meet the requirements of ‘accord and satisfaction’ that there be consideration on both sides of a settlement agreement. Therefore, there would have been no binding settlement formed if that meaning was accepted. 10. The wording ‘full and final settlement’ could simply be read at face value, which would mean no further claims could be brought by either party in relation to the truck-build. However, given M Lt...

8. BH v N Ltd [2024] NZDT 728 (18 November 2024) [pdf, 198 KB]

   ...resolution of the issue about the hole in the interior wall of the second bedroom? 4. When the issue of the hole was first raised, BH was offered the option of having a power point installed to utilise this space. He did not want this, and was then informed that it was not possible to remedy it other than by the use of a cover plate. N Ltd agreed to offer a $200 credit against BH's final invoice on the basis that $200 was the amount it would have cost them to install a power point....

9. Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [pdf, 212 KB]

   ...been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be written or oral; formal or informal. Once a contract is formed, the parties are bound by the terms they have agreed to, and any implied terms, and those terms are enforceable by one party against the other. The general rule under the law of contract is that a...

10. [2024] NZSAAA 2 (20 September 2024) [pdf, 413 KB]

    ...determination is the decision appealed against in these proceedings. 4 The Grounds of Appeal [8] The Appellant says that he should not have to repay the alleged debt because: (a) he has acted in good faith, completed all relevant forms truthfully and provided other information honestly and to the best of his knowledge; (b) ACC and the Ministry provided information to him that was misleading, which led to his mistake in failing to declare the ACC income; (c) he...