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1. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

   ...industry-based disclaimer about the content and use of the property inspection report. CD accepts it is likely in these circumstances that this attachment was not emailed with the handwritten report, as CDL’s full office and administrative resources were not available to him at that time. Was the building report carried out with reasonable care and skill and was it fit for purpose? 11. The Consumer Guarantees Act 1993 (“CGA”) applies to this contract because th...

2. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

   ...in situations like this they are under no obligation to relist properties as they already have an agreement in place by way of a confirmed booking. MB further says Christmas is a very busy period of their staff and they did not have the time or the resource to take the steps DI wanted them to take. 34. While I accept, under their terms and conditions, C Ltd was under no obligation to relist the property, I believe this term was harsh in the circumstances of this case. I do agree with D...

3. Appointments-Ministers-Arms-Advisory-Group_FINAL.pdf [pdf, 1.3 MB]

   ...responsible Minister you make appointments and receive advice 19. As the Minister responsible for the Act, you appoint the chairperson and members and receive advice from the MAAG. 20. As the agency administering the Act, we provide the necessary resources and administrative support to enable the group to perform its functions. As part of this, we provide you with advice on appointments and facilitate interactions between yourself and the MAAG, including providing their formal advice....

4. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...real estate agent 22. BM and IM claimed MI Ltd failed to review documents sent by their real estate agent before advising them about the purchase of the section. These documents included a geotechnical report as well as a report about a possible resource consent application for land use. They said this amounted to a failure of reasonable care and skill. 23. At the hearing IM said MI Ltd should have received the documents from the real estate agent on 8 December 2019, prior to the co...

5. [2024] NZEmpC 7 Amazonia Midco 1 Holdings Ltd v Harding [pdf, 222 KB]

   ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733, applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11], and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 4 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. [8] In weighing the competing factors, regard will be as to the balance of convenience. Overarching consideration will then be give...

6. [2023] NZEmpC 161 Te Whatu Ora – Health New Zealand v CultureSafe NZ Ltd (in liq) [pdf, 280 KB]

   ...involving witnesses, the Courts have developed useful factors for consideration such as which proceeding was commenced first; the potential effect each proceeding may have on the other; the public interest; duplication of witnesses and issues of wasted resources; the state of advancement of the subject proceeding; and whether there is any issue of a multiplicity of proceedings involving the same subject matter arising.8 [8] Only some of these considerations are relevant here since t...

7. KC v DG [2023] NZDT 108 (22 March 2023) [pdf, 241 KB]

   ...approaches. KC clearly considered it had not had an opportunity to do that. 31. In addition, DG accepted that KC contacted him sometime before 12 August 2022 to suggest trying to contact [redacted] (the company handling DG’s employer’s human resource matters). DG begrudgingly agreed to do so, although he considered that the tone in KC’s voice was less than optimistic. 32. However, it cannot be a lack of reasonable care and skill to attempt a resolution through all possible re...

8. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   ...as it should. 31. M advised BD on 3 September 2021 that [the manufacturer] in Australia had come back and advised that “34kms for 80% of the battery is within specs for an E Bike”. M further advised BD that “I have pretty much exhausted all resources with [the manufacturer], and they are no longer willing to help. The next plan of attack would be you raising a complaint with [the manufacturer] yourself. I am really sorry we couldn't help fully and come to a conclusion.”...

9. OIA-120181.pdf [pdf, 843 KB]

   ...availability of judges and prosecutors at Westport District Court. Under section 24 of the District Court Act 2016, the Chief District Court Judge is responsible for the efficient running of the courts business, including the rostering of judicial resource. Judicial functions are not subject to the Act under section 2(6)(a). The Ministry is also unable to comment on the availability of prosecutors in the Court as this is a matter for the relevant prosecuting agencies. In response to par...

10. [2024] NZEmpC 220 Very Nice Productions Limited v Ormond [pdf, 200 KB]

    ...http://www.employmentcourt.govt.nz/ [9] The Company has accepted that it is impecunious and that if an order for security for costs is granted, it will not be able to pay. It says that even a small amount of less than $5,000 is beyond its resources. The Company submits that despite its impecuniosity, it is not just for the Court to decide to make an order for security for costs. It submits that its challenge has merit and that the Authority investigation was deeply flawed....