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1. [2012] NZEmpC 198 ABC01 Ltd (Formerly Primary Heart Care Ltd) v Dell [pdf, 64 KB]

   ...been contumacious. [14] In these circumstances, I accept that it is appropriate to fine ABC01 Limited for its failure or refusal to comply with the compliance order made by the Employment Relations Authority or to take any step to address its responsibilities to Mr Dell. One-quarter of the maximum fine is an appropriate level and I therefore order ABC01 Limited to pay a fine of $10,000 to the Crown. This will not absolve the company from complying with the Authority’s complianc...

2. [2015] NZEmpC 140 Zespri International Ltd v Yu second interlocutory [pdf, 91 KB]

   ...the laptop has been directed by the Court to be dealt with, there remains a dispute about the way in which these documents will be transferred to the Registrar of the Court and, if this involves the defendant’s father travelling to Shanghai, responsibility for the cost of that exercise. [5] Mr Yu asserts that the two USB drives are his personal property and not that of Zespri International Limited (Zespri). He agrees, nevertheless, to those USB drives being returned to New Zealan...

3. CAC 10047 v Whiteford - Penalty [2011] NZREADT 16 [pdf, 145 KB]

   ...client, nor provide false information, nor withhold information that should by law or fairness be provided to a customer or client. [10] Accordingly while we accept the submission of Mr Borich, this case is still a serious one to be met with a response which ensures appropriate standards of conduct are maintained in the real estate industry. 3 [11] We also accept that on the facts of this particular case there was no great inequality in the bargaining position between th...

4. AC v Secretary for Justice 22 August 2014 NZRA 000003 [pdf, 42 KB]

   ...Tribunal and has cross- examined tangata whenua and technical witnesses. d. He has benefited from the supervision of AD and AE who have many years of extensive experience in the work of the Tribunal. He will continue to work alongside them. 7. In response to the Application for review, the Secretary has essentially relied on the reasons for the decision given on 23rd June 2014. 8. He has said that he was satisfied that the applicant’s experience collectively demonstrated active an...

5. Perigo - Raetihi Y Ahu Whenua Trust (2015) 343 Aotea MB 30 (343 AOT 30) [pdf, 127 KB]

   ...having distributions instead of grants, would need to obtain the services of another agent. Mr Chadwick, I infer, took the view that the often complicated task of calculating, distributing and maintaining records for dividend payments was not a responsibility that should be lightly given to lay trustees without relevant experience and accountability practices. [5] Mr Chadwick confirmed that a formal lease needed to be entered into between the trustees and the current lessee as a ma...

6. AGM Ltd v ZVJ and ZVI Ltd [2013] NZDT 461 (17 June 2013) [pdf, 64 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 461 BETWEEN AGM Ltd APPLICANT AND ZVJ FIRST RESPONDENT AND ZVI LTD SECOND RESPONDENT Date of Order: 17 June 2013 Referee: Referee Phillips ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZVJ is to pay the sum of $1,984.71 to AGM Ltd by 5.00pm 25 June 2013. Facts [1] ZVJ engaged the services of AGM Ltd to apply a peel and stick ZVI

7. ABL & ABM v ZYS Ltd [2013] NZDT 59 (16 May 2013) [pdf, 58 KB]

   ...not reasonable to expect that a customer would be aware of a potential problem by way of the price, as discounts on retail purchases are common in today’s market. [8] I have considered the points put forward by LI, however I find he had a responsibility to ensure that the intentions of his customers were clear and that he would be able to provide them with exactly the product that they wanted. Under s 10 of the Consumer Guarantees Act 1993, ZYS Ltd has an obligation to ensure...

8. AAV and AAW v ZZG [2012] NZDT 10 (28 June 2012) [pdf, 62 KB]

   ...[12] Finally, ZZM disputed storage costs being claimed whilst the Applicant’s wreck was sold. I agree that 52 days of storage was not reasonably foreseeable and is most likely to have been caused by factors for which ZZM is not responsible. Storage costs should therefore be reduced to a more reasonable period of 14 days. The sum awarded has been reduced accordingly by $218.50. The balance of the costs was not disputed. [13] For these reasons, an order has been...

9. Rae v CAC 10057 & Burch [2012] NZREADT 36 [pdf, 25 KB]

   ...successful in proving her claim. [10] Mr Wimsett helpfully advised that the appellant had been in touch with Ms J McGibbon, a litigator in his firm, on about 27 April 2012 and that Ms McGibbon explained our said lack of powers to the appellant in response to a question from her. The appellant then appeared to be of the view that there was little point in her pursuing this appeal. That telephone call was in terms of a fixture being due on 2 February 2012. There was also a short noti...

10. LA - Part 2 - Areas of Law Court of Appeal and Supreme Court [pdf, 780 KB]

    ...a) b) MOJ0052.2-June13_AreAs of LAw – court of AppeAL And supreme court Page 3 / 4 Preparation of submissions Yes no Preparation of Appeal Yes no Preparation of application for leave to Appeal Yes no Preparation of response to application for leave to Appeal Yes no Draft documents Yes no List documents drafted: Liaise with other counsel Yes no Describe: other Yes no Describe: Appeal Hearing Deliver oral submissions...