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Search results for justice matters.

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  1. [2021] NZEmpC 55 MacLeod and Others v Wellington City Transport Ltd and CityLine (NZ) Ltd [pdf, 257 KB]

    ...claim is not vexatious or frivolous. Next, the balance of convenience must be considered. This requires consideration of the impact on the parties of the granting of, and the refusal to grant, an order. Finally, an assessment of the overall justice of the position is required as a check. [18] The Supreme Court, in its consideration of the Brooks Homes litigation, stated that the merits of the case, insofar as they can be ascertained at the interim injunction stage, have in New Ze...

  2. IT v UO [2021] NZDT 1578 (11 August 2021) [pdf, 91 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

  3. EK v 2E Ltd [2020] NZDT 1384 (2 December 2020) [pdf, 177 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

  4. CL v ND [2023] NZDT 12 (8 February 2023) [pdf, 194 KB]

    ...notice; CL’s evidence was that the affected flatmates had completed their isolation period when ND left and, in any event, illness from time to time may be expected amongst flatmates. [7] If ND had been unhappy during his tenancy about any of the matters that he described in his email, he should have mentioned those matters to CL. As, I accept, he did not do so, CL had no opportunity CI0301_CIV_DCDT_Order Page 2 of 3 to deal with ND’s concerns. Flatmates who share a property ma...

  5. ST v PS Ltd [2023] NZDT 65 (15 March 2023) [pdf, 234 KB]

    ...in a dip. ST claims he followed the line as instructed, however shortly after, his buggy would not turn left. 3. Sometime later, ST found PS Ltd had charged his credit card the sum of $359.73 for repairs. ST disputed the charge, however as the matter could not be resolved, ST claimed in the Disputes Tribunal for a refund of the amount charged. 4. The issues for the Tribunal to determine are whether ST is liable to pay for the repairs and if so, whether the costs of repair have bee...

  6. KD & LD v XN Ltd [2024] NZDT 215 (5 March 2024) [pdf, 90 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

  7. [2023] NZEmpC 207 The Pho House Ltd T/A Zeke v Branford [pdf, 182 KB]

    ...must be obtained from the Court, otherwise the Authority’s orders remain enforceable and must be complied with.2 [4] The Court may order a stay where it considers it appropriate to do so.3 The overarching consideration is the interests of justice, guided by the Court’s equity and good conscience jurisdiction conferred by s 189 of the Act. The Court will generally have regard to factors such as whether the challenge will be rendered ineffectual if the stay is not granted; whe...

  8. A Ltd v NT & TH [2023] NZDT 764 (13 December 2023) [pdf, 155 KB]

    ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

  9. D Ltd v IB [2024] NZDT 560 (26 July 2024) [pdf, 94 KB]

    ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...