Search Results

1. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...time on it. They could not diagnose an obvious fault without spending more time so they say they ended up doing no chargeable work on the car, as they were waiting for further instructions from C that did not come, and they therefore do not have a job card recording dates. The car ended up sitting in their yard for some months in 2015 until a tow truck collected it and delivered it to EP. They did not know who owned the car and are clear that there were engaged by UK Ltd to do some...

2. A v The Real Estate Agents Authority (CAC X) and B [2018] NZREADT 62 [pdf, 172 KB]

   ...agency and the vendor. It was not a matter that concerns [Mr A]. Nor was it his business how any discount was made up. 3.4 [Ms B] was upfront with [Mr A] that her vendors would not accept an offer which was below a certain level. It was her job to obtain the best price for her vendor client. 3.5 The Committee sees nothing wrong in a Licensee reaching an arrangement with a vendor reducing the commission payable to allow a vendor to accept a lower offer. [Ms B] was open to [Mr...

3. OWRUG - EiC - Edgar Parcell (5 Feb 2021) [pdf, 105 KB]

   ...expectations. That work is well advanced and our application for replacement permits will be filed very soon. 16. It is extremely frustrating to now be faced with yet another set of moving goal posts, largely because the Council has not done its job properly in implementing Plan Change 1C (which became operative in 2012). Since Plan Change 1C become operative in March 2012, shareholders of the Carrick Irrigation Company have been working in good faith with the ORC to achieve...

4. Te Manutukutuku Issue 28 [pdf, 584 KB]

   ...been a claims administrator since March 1992, has left the tribunal. Hemi will be greatly missed by both tribunal members and staff. Tessa Castree, illformation manager Note from the editor, Tessa Cas tree. Tena koutou katoa I am leaving my job as information manager to take up a posi­ tion working for the Legal Services Board. I have been with the Tribunal since November 1988 and have produced Te Manu­ tukutuku since its inception in September 1989. I shall sincerely miss the memb...

5. BN Ltd v DL [2020] NZDT 1517 (11 December 2020) [pdf, 178 KB]

   ...have done a site visit, but knew that BN LTD had not done so, and that the estimate of duration could therefore only be very rough. Accordingly, I find no reason why she should not pay for the time actually taken. 16. DL expressed doubt that the job had taken quite as long as BN LTD claimed, but in the absence of contrary evidence, I accept BN LTD’s claim that it took three extra hours beyond the hours charged in its first invoice. I therefore find that DL is liable to pay BN LTD $345.0...

6. [2022] NZEmpC 97 Bowen v Bank of New Zealand [pdf, 201 KB]

   ...plaintiff wishes to challenge.12 There is reason to believe Ms Bowen will be unable to pay costs should the BNZ be the successful party [11] Ms Bowen has previously given evidence of her financial position. She is currently unemployed, is on a job seeker benefit and has no cash assets or reserves. She is not legally aided. She has already been ordered to pay costs in the broader proceedings in the total sum of $41,285.50. It seems she has not made any payment in reduction of...

7. The Estate of UB v KM [2020] NZDT 1322 (3 December 2020) [pdf, 191 KB]

   ...guarantee that the services be provided with reasonable care and skill. 14. KM says AH’s son (D) repainted and therefore any workmanship issues were not his issues. He also says half of the photos provided in evidence by AH were taken when the job was half completed. The evidence however does not support KM argument. For example, the evidence from LC (of Painting Company 1) and Painting Company 2. 15. KM also submitted a video (at an earlier hearing) he says was taken an hour befo...

8. ST v UF Ltd 2020 NZDT 1410 (17 June 2020) [pdf, 155 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 4 way or to a degree which was or should have been causative in the result achieved by the concrete layer (for example, the neighbour had no authority or ability to make the concrete layer leave the site before the job was complete, so if he did so, that was of his own volition). 14. Section 362S(2) provides that the onus is on the building contractor to prove that any of the above situations was the cause of the breach of the implied warranty. I find...

9. TG v ES Ltd [2023] NZDT 11 (6 April 2023) [pdf, 99 KB]

   ...worker’s travel and the costs of obtaining and delivering product to site, this is not evidence of overcharging of labour. It is simply one instance. Neither am I persuaded of overcharged labour based on the applicant’s belief of how long each job should take. CI0301_CIV_DCDT_Order Page 3 of 4 [14] The applicant raises a number of other issues including poor management of costs, overspending, inflated hours and non-refund of credits. None of these claims are supported by the ev...

10. 2022 NZPSPLA 008.pdf [pdf, 93 KB]

    ...with alcohol which he demonstrated by not relapsing with the recent passing of a very close family member. If he needs further help with doing that he now has no hesitation in seeking it as he had in the past. [17] Mr Mahauariki says he has a job offer for security work and his potential employer knows about his conviction history and Black Power membership. He says they wish to employ him on a full-time basis which would provide the regular and reliable income his family needs and wh...