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1. N Ltd v C Ltd [2024] NZDT 307 (9 May 2024) [pdf, 92 KB]

   ...that the two payments were made but is not 100% sure if some of the money claimed relates to previous work he had done for N Ltd. 4. BL said he had been unable to obtain records and wanted N Ltd to send him all his previous invoices for various jobs. 5. I am satisfied that it is ‘more likely than not’ that the two payments were made in error. 6. I make my finding when I consider that the overpayments have been scrutinized by the accounts department for N Ltd and ; 7. N Lt...

2. [2012] NZEmpC 76 N Ltd v O [pdf, 121 KB]

   ...in good faith. [10] Mr Patterson, on behalf of the plaintiff, explained that the plaintiff was going through a constant state of changes but that the defendant, as a salesperson, would enjoy the most secure position in the company as to his job security should he obtain permanent reinstatement. [11] These undertakings did not meet the defendant’s wish to resume his work. It was common ground that there was no provision for garden leave in the relevant employment agreement...

3. [2020] NZIACDT 13 - Registrar v Ryan - Sanctions (27 February 2020) [pdf, 108 KB]

   ...roles of immigration adviser and/or employer, he was responsible for false employment documents being lodged with Immigration New Zealand. His companies, BC International/Bite Consulting NZ, were paper companies with no real IT work and no real jobs. They had no connection with the real United Kingdom BITE group in the IT industry. [11] Mr Ryan and Mr Kerr were, for the purpose of the fake business, one and the same person. Communications purportedly authored by Mr Kerr were...

4. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...and the nature of the supplier in the context in which the goods and services were supplied. For example, a concert violin is required to meet a higher standard than a child’s cheap instrument. Parties can contract for a lower or higher specified job, and the expectation of quality and longevity must take this into account when assessing the reasonableness of any damages claimed. [27] Ultimately the Tribunal must decide what is reasonable or acceptable in the circumstances. [28] In th...

5. B Ltd v KS [2022] NZDT 256 (21 December 2022) [pdf, 105 KB]

   ...Ltd’s truck also has a capacity of 3000L. 2. KS’s tank actually has a 4500L capacity so when B Ltd’s employee arrived on site, he filled up the truck with waste and advised KS that he would be back to empty the rest of the tank. 3. The job was completed with two trips to KS’s property by B Ltd and B Ltd sent an invoice of $1946.38, which they have since reduced to $1781.38 out of goodwill, this latter figure being the amount of the claim. 4. KS disputes the amount based o...

6. The Ministry of Justice Policy Graduate Programme

   Kahore tetahi o tatou, taea te mahi, nga mahi e taea o tatou katoa Not one of us alone can do the job as well as all of us working together UPDATE: The Ministry of Justice Policy Graduate Programme is currently on hold. Any future updates about the programme will be published here. Are you motivated to make a difference for all New Zealanders? Can you see yourself as part of a team that values Ngā Ao Māori approaches and applies Te Tiriti o Waitangi to our policy development and advice? Come...

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7. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...and 107 of the Sentencing Act 2002. Three grounds were advanced: a) Given the nature of ASG’s employment, it was submitted there was a strong likelihood that a consequence of convictions being entered by the Court would be the loss of his job. 10 This was regarded by the Judge as the most significant factor in support of the application. b) It was submitted that ASG may experience travel difficulties. This was not considered to be a factor entitled to significant weight....

8. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...He told the Court that he was a qualified fitter and welder and he described some of the positions he had held with other companies, including a concrete business in Ashburton and a workshop in Winton. He said that, "between these jobs I have also worked in the meat industry for approximately 16 seasons over the past 30 years." [9] None of the witnesses called on behalf of Prime spoke particularly highly of Mr McNaught. It emerged that his nickname at the plant w...

9. Holt & Ors as Trustees of the Kahala Trust v Auckland Council [2011] NZWHT Auckland 15 [pdf, 129 KB]

   ...installation work. Two of DVK’s contractors gave evidence at the hearing. While both worked on other units in the complex neither worked on Mr Holt’s house. They contracted only to DVK and DVK supplied all materials and allocated them to jobs. They were paid direct by DVK and DVK also paid for them to attend annual courses. [22] The first issue to be addressed is whether DVK, the licensed butynol installer, engaged to install the butynol membrane and whether they owe...

10. Landon v Auckland Council [2011] NZWHT Auckland 70 [pdf, 131 KB]

    ...partnership. Although she gave evidence of dealing with the Council in relation to the Housing New Zealand work that Mr Middleton did through Mr Bissett, Ms Middleton was not in a position to confirm what time Mr Middleton spent on each relevant job. [39] I did not find the evidence of Mr Middleton, Mr Bissett, Mr Prescott and Mr Coulter reliable or consistent. Mr Middleton was evasive when answering questions about the time that he spent on different jobs. Although he...