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1. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...other consideration provided, or both, as the case may require’. 17. Accordingly, I find LF and SF are entitled to a refund of $17,145.60 and an order is made. Referee: DTR Goddard Date: 10 May 2023 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 rehe...

2. ET v CN [2023] NZDT 115 (23 March 2023) [pdf, 237 KB]

   ...disputed, CN stated ET had told him she had been on the roof. NL from [Repair shop] stated it is possible the cause of the hollow, where water pools, could be due to someone sitting or standing on the roof. 10. Evidence has been presented, in the form of a video, to show the skylight did leak on the 13th of May, however texts at that time indicate the problem was due to the skylight not being shut properly. There is no evidence of a leak being mentioned again until the caravan was seen...

3. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

   ...Consequently I find that NH is entitled to a refund of $8000.00. I also find that he is not liable for the balance of $2650.00, so US Ltd’s claim is dismissed. Referee: G.M. Taylor Date: 16 September 2021 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...

4. T Ltd v C Ltd [2023] NZDT 672 (15 November 2023) [pdf, 105 KB]

   ...agreement? f. If yes, is the applicant also able to claim interest and legal costs? What was the agreement between the parties? 3. The relevant law is the law of contract and misrepresentation. 4. In this case the contract was in the form of the standard 6th edition of the ADLS lease agreement dated 4 April 2017. Rent renewals were done by way of Deed of Renewal of Lease and Rent Review in 2019 and 2021. Was a misrepresentation made under the agreement? 5. The eviden...

5. UV v B Ltd [2023] NZDT 618 (28 November 2023) [pdf, 181 KB]

   ...this report was acknowledged by email with a claim reference number. I also gave weight to the evidence of her repeated efforts to communicate with the company, and that the subsequent communication after the claim was acknowledged related largely to form and legibility. 9. In relation to the condition of the stroller, on balance, I accept UW’s evidence that the stroller was in very good condition when it was checked in. I say this for reasons which include: a. There was no suppo...

6. SN v MT Ltd [2022] NZDT 220 (3 November 2022) [pdf, 98 KB]

   ...vehicle in a commercially operated carpark, they enter a contract with that company. The carpark operator must set out the terms and conditions of parking clearly and accurately on their signage, so the driver has reasonable opportunity to read and inform themselves of them. 6. SN argued that signage in the carpark was insufficient and unclear. He described the sign at the entrance as being very small and argued that there was not enough effort put into highlighting that it is paid pa...

7. [2023] NZEmpC 77 Halse v Hamilton City Council [pdf, 203 KB]

   ...provides: 7 Challenges to determinations of Authority (1) An election under section 179 of the Act is made by filing with the Registrar of the court, within the time prescribed by section 179(2) of the Act, 3 copies of a statement of claim in form 1. [14] Form 1 is the standard form statement of claim (election to have matter heard in the Employment Court). It is the form Mr Halse used when he filed his challenge. [15] Regulation 19 then requires a defendant who wishes to def...

8. [2023] NZEmpC 107 Pilgrim v Attorney-General [pdf, 180 KB]

   ...should be on conditions. [3] The application was filed as an application for access to Court documents. As such, the Court should be guided by the Senior Courts (Access to Court Documents) Rules 2017 (the Rules). This entitles the applicant to request access to Court documents, which includes video recordings.1 A number of matters must be considered in determining such a request, including:2 (a) the orderly and fair administration of justice; (b) .… (c) the right to bring a...

9. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   ...Page 2 of 4 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 11. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation were...

10. [2024] NZEmpC 153 M v Q [pdf, 179 KB]

    ...[19] In these circumstances, I make directions/orders similar to those made in C v P. I direct that the previous judgments of the Court, which identify the parties, are not to be republished online by the Court. If, however, any person reasonably requests a copy of the previously published judgments, they are to be made available in anonymised form. [20] For the avoidance of doubt, I direct that M may provide copies of the previously published judgments to any person if they wish...