Search Results

1. HB Ltd v NH & KX [2017] NZDT 1452 (11 April 2017) [pdf, 194 KB]

   ...b. NH said that when he placed individual parts orders he always asked BB to place a reference on the invoice of the relevant car’s registration plate, so when it came time for billing and payment he could easily trace which part was for which job. None of the disputed invoices were referenced in this way, and in fact a number of them bore the reference “KX”, in reference to KX. c. NH also pointed out that the items purchased were parts that either he would never use in his b...

2. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [pdf, 199 KB]

   ...to refund to the complainant $850. Submissions from the complainant [16] In her letter to the Tribunal (undated but emailed on 27 June 2021), the complainant seeks a refund of the fee of $850. She says the mishandling of her visa caused a job offer to be rescinded. If her application had been filed and processed normally, she would have started work on 17 August 2020. Her hourly rate would have increased from $22 to $25.50 when the Teaching Council registered her on 20 November...

3. [2021] NZEmpC 166 Yakka Contracting Ltd v Naicker [pdf, 208 KB]

   ...there was an agreement that he could move materials from the Hobsonville Road site, and that Yakka owes him money. [30] Accordingly, there is a relatively clear picture of the defences that will be raised by Mr Naicker. However, it is not the job of the Court in this instance to determine issues of credibility or contestability. [31] Having heard counsel and considered the material provided, I am satisfied that at this early stage, Yakka has a good arguable case for bringing a clai...

4. [2022] NZEmpC 86 Tupe v The Board of Trustees of Te Manawa o Tuhoe Trust [pdf, 233 KB]

   ...this judgment being issued and the substantive case being heard, that can be dealt with in the context of remedies. [30] That does not provide the complete answer, as Mr Tupe submits there is significant intrinsic benefit arising from employment. Jobs are important in themselves and money is often a poor substitute.12 Here, Mr Tupe refers to the satisfaction of working for his wider whanau for its benefit. [31] There are, however, other factors that go against reinstatement, eit...

5. Broderick v Accident Compensation Corporation (Employment) [2022] NZACC 159 [pdf, 248 KB]

   ...week; [21] Mr Hunt refers to Verma1 where Judge Beattie said: The practical effect of those decisions is that the claimant must have been in employment at the time of becoming incapacitated. This would mean that if a claimant was “between jobs” when he/she had the misfortune to become incapacitated, then the fact that the claimant had every expectation of obtaining further employment would not assist in giving eligibility. 1 Verma v Accident Compensation Corporation [200...

6. [2023] NZIACDT 2 - DD v Pabellon (5 January 2023) [pdf, 204 KB]

   ...director of ASP Immigration Services Ltd (ASP Immigration), of Palmerston North. [6] The complainant, a national of [Country], was studying for a [Qualification] at a New Zealand university. He was offered a fixed term contract for 10 months as a [Job title]. [7] On 13 April 2018, Ms Pabellon advised the complainant that he satisfied the criteria for residence as a skilled migrant. On the following day, the complainant and ASP Immigration entered into a service agreement....

7. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...consider it most probable that JI was responsible for why the water went cold. How much is payable for the work done? 14. Having determined that JI is likely to have removed the fuse, JN and BN are not required to pay unless there is value in the job for which it is just that they pay (s39). 15. Having regard to all the circumstances, JI ought not to be able to recover his own charges on the account, but his fee in part includes the work of a third-party electrician. As this i...

8. [2023] NZEmpC 136 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 214 KB]

   ...copy of the summary or its contents. (g) Associate Professor Wiles and her lawyer would keep the existence and the contents of the summary strictly confidential, and would not make inquiries about the identities or other particulars (eg Faculty or job description) of the staff members referred to in the summary. (h) Once the substantive hearing of Associate Professor Wiles’s claim has been completed, and any consequential submissions made or filed, Ms Stewart would return the co...

9. W v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 37 [pdf, 219 KB]

   ...or training as the definition does not specify that the pecuniary gain must be immediate. In this respect, work undertaken resulting in 6 Bedford v Accident Compensation Corporation [1999] NZACC 287. 7 future pecuniary gain (securing a job in social work) arguably satisfies the definition. It is therefore submitted that the questions of law are seriously arguable. [17] The appellant therefore proposes the following questions of law for the High Court: (a) What is require...

10. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [pdf, 235 KB]

    ...the pool. However, the remedial work was more expensive than expected by SK and TK and they asked K Ltd to pay a further $8,131.69 for the remedial work. K Ltd refused to pay any more and SK and TK withheld the amount owing for the completion of the job. 2. K Ltd claims $9,971.69 being the outstanding balance owing for the pool install, plus interest of $4,450.04. SK and TK counterclaim; $6,251.68 (amended from original claim) being the balance owing for the remedial work around the po...