Search Results

1. 2017 NZSSAA 024 (6 June 2017) [pdf, 107 KB]

   ...for delay in accepting his application. [7] To the extent that he addressed the relevant criteria, Mr XXXX contended that he should have been granted a transfer because: (a) His current degree means that he is under-qualified for research jobs and over-qualified for technician jobs. His only chance of furthering his career is to study for a doctorate. (b) He has a supervisor in Dunedin. (c) His chances of obtaining a scholarship at Otago are slim and therefore he ne...

2. TU v Hakaoro 2014 NZIACDT 1 (15 January 2014) [pdf, 107 KB]

   ...matter in a decision dated 8 October 2013. [2] The grounds for upholding the complaint were: [2.1] The complaint dated back to the time before Mr Hakaoro was a licensed immigration adviser. [2.2] His client said he offered immigration advice and job search services. During that period, he attempted to exploit her in various ways. [2.3] The Tribunal deals with complaints relating to licensed immigration advisers. What happened in the time prior to Mr Hakaoro becoming licensed could no...

3. EN v SQ [2020] NZDT 1442 (27 May 2020) [pdf, 210 KB]

   ...financial losses. After hearing from EN I consider that those losses are not insignificant. The parties agreed that if the work had been completed there would be about $7,000.00 owing by EN, on the basis of the indication of the overall cost of the job by SQ at the start of the work. However against this, EN has been required to obtain another vehicle in the meantime, has lost CI0301_CIV_DCDT_Order Page 3 of 4 value in the vehicle SQ is repairing, and will still have to pay someone...

4. BC v C Ltd [2022] NZDT 66 (2 June 2022) [pdf, 145 KB]

   ...work performed by BC and are further damages payable? 14. As the contract price was for a possible 23 videos, I consider that 8 out of 23 videos were actually provided by BC before C Ltd repudiated. In considering what percentage of the total job those 8 videos represented, the length of those videos and likely length of the remaining videos is particularly relevant. 15. Unfortunately there is no written evidence at any stage of the negotiations or the project, to show what the a...

5. DM & IW v HD [2022] NZDT 44 (2 May 2022) [pdf, 102 KB]

   ...happened. I am left with the conclusion that HD simply did not go far enough in pointing out why one product should be preferred over another. One might also wonder why HD would have suggested any products that might have produced a substandard job, and the only conclusion I can reach in this regard is that he did not consider his advice carefully enough. 9. The second reason that I am not prepared to accept HD’s defence that IW made the decisions that resulted in a poor result...

6. BT v PO Ltd [2022] NZDT 80 (12 January 2022) [pdf, 179 KB]

   ...Tribunal orders: BT’s claim against PO Ltd is dismissed. Reasons 1. On 16 August 2021, BT contacted PO Ltd and enquired about having an airbag light issue in his vehicle repaired. He was given an estimate over the phone of $500.00 for the job. On 17 August 2021, BT dropped his car off to the PO Ltd site and handed his keys to WB, the Site Manager. that afternoon, the government announced that NZ was going into a ‘snap lockdown’ due to community transmission of the Delta vari...

7. VN v SC Ltd [2022] NZDT 240 (23 November 2022) [pdf, 102 KB]

   ...to pay 25% of the contract price ($2,500.00) prior to the building works commencing. VN’s evidence was that she paid $2,500.00 to SC Ltd on 6 February 2022. VN’s evidence was that she expected to pay a further 25% of the contract price when the job was partially completed, and the remaining balance of the contract price (50%) upon completion of the work. CI0301_CIV_DCDT_Order Page 2 of 4 7. I am satisfied that a contract existed between SC Ltd and VN. SC Ltd offered to do the...

8. [2023] NZEmpC 76 McMillan v Resque Corporation 20/20 Ltd [pdf, 194 KB]

   ...at this hearing is a fine. A request was made, however, to preserve the application for sequestration if the Authority’s order remains unsatisfied. That request is dealt with later. [12] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector) the Court of Appeal referred to a range of factors to consider in assessing a fine under s 140(6).5 Those factors are not exhaustive but they include the nature of the default (that is whether it...

9. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...cautious about the amount of damages that they are prepared to award under this heading. 33. It is important to acknowledge that the unveiling was an important and emotionally difficult event for DX and her whanau. DX relied upon SCX to do her job so that the event could be successful. The basic and inexcusable errors on the headstones showed a lack of care that was disrespectful and hurtful for DX. 34. I will award general compensation of $2,000.00 for hurt and inconvenience....

10. DT v T Ltd [2023] NZDT 225 (12 May 2023) [pdf, 169 KB]

    ...that the work done by the respondent to lay the subsoil pipes and associated waterproofing, was done with reasonable care and skill. I say this because: a. The applicant did not provide any expert opinion that the respondent had done a poor job. The applicant had been offered an opportunity to provide this evidence after the first hearing was adjourned. The applicant had provided a quotation from a plumber to redo part of the work but this, in itself, is not evidence that the respond...