Search Results

1. ND v EN [2022] NZDT 263 (13 December 2022) [pdf, 149 KB]

   ...about any leaks by the buyers. I find that these representations were false, and of such a nature that it would reasonably induce a “normal person” in the circumstances of the case to rely upon them to enter into the contract, without further investigation and to place greater weight on the building report. On balance, I also accept that the vendors did rely upon the absence of any such disclosure and the building report as relevant factors when deciding to proceed with the purchase a...

2. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...Authority is defended and Mr Lee denies liability. Urgency [12] This application has been considered urgently, without notice, because of a recent turn of events in the Authority, giving rise to concerns about Mr Lee’s intentions. [13] The investigation meeting is scheduled for 6 April 2020. Preparation is well advanced. The parties have filed and served briefs of evidence and, in all respects, matters appear ready for the Authority to consider. Against that background, M...

3. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

   SMITHS CITY (SOUTHERN) LIMITED (IN RECEIVERSHIP) v JEREMY WALTER ETTLES CLAXTON [2021] NZEmpC 169 [5 October 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2021] NZEmpC 169 EMPC 413/2019 EMPC 444/2019 IN THE MATTER OF matters removed from the Employment Relations Authority BETWEEN SMITHS CITY (SOUTHERN) LIMITED (IN RECEIVERSHIP) Plaintiff AND JEREMY WALTER ETTLES CLAXTON Fi

4. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...designated location for the stormwater pond was a natural point for water to be dealt with. In the intervening period there has been a change of stormwater treatment philosophy and ponds on both sides of the valley are being considered. However, investigations are still at the background report design philosophy stage. We were told that it may be possible to relocate the ponds but if additional land was required or had to be taken, then that process would no longer meet the proje...

5. CAC 403 v Tucker [2016] NZREADT 65 [pdf, 300 KB]

   ...of the Fair Trading Act, and to lying. [45] The letter to Ms Blackie said Do you really want to be part of a dodgy company like CRL where even the management don’t trust the owner? It’s unlikely you were told they are currently under investigation. Unlimited Potential is a far better place for you! Just talk to one of the many ex-CRL people there. [46] Enclosed with this letter was a copy of an advertisement featuring Mr and Mrs Dowdle, announcing them as co-owners of...

6. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...for XL did not submit that rust on the roof was normal for a vehicle such as the one sold. Is WQ a consumer under the CGA? CI0301_CIV_DCDT_Order Page 2 of 4 WQ purchased the car for the business. A car is ordinarily acquired for private use and the fact that it is purchased for commercial use does not exclude WQ from being a “consumer”. Therefore, CGA applies to the purchase of the Mazda by WQ for business use. Who was the “supplier”? 5. The vehic...

7. KB v KP [2023] NZDT 184 (13 June 2023) [pdf, 104 KB]

   ...then; d. U has explained to the Police that they have no desire to see the bike again and are happy for it to go to whomever it is decided is the rightful owner. 12. [City B] have confirmed in writing to the Tribunal that they have concluded their investigation into the burglary at U in 2020. 13. I note that the Police released the bike to KB in accordance with my order in January 2023 and I understand the bike is now at U in [Suburb]. 14. I am satisfied on the balance of prob...

8. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

   ...appearance of authority can be created by maintaining a silence, or by failing to make known to the third party that the agent’s authority has been revoked. The scope of apparent authority is measured by the authority as it appears to others, and private limitations cannot affect the agent’s apparent authority. 5. B Ltd produced a document signed by NC certifying that BD had “full authority” to act on her behalf in relation to the Notice to Fix. It also produced an email from NC t...

9. NS v BX [2024] NZDT 787 (14 August 2024) [pdf, 193 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pr...

10. FU v IX [2024] NZDT 527 (2 August 2024) [pdf, 183 KB]

    ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a 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 pr...