Search Results

1. [2019] NZEmpC 174 Clearkin v Geneva Healthcare Ltd [pdf, 194 KB]

   ...Geneva Healthcare Limited is to pay Bronwyn Clearkin the sum of $1100.00 on or before 8 May 2019. 2. Such sum is accepted by her in full and final settlement of all claims she has against Geneva Healthcare Limited. 3. Bronwyn Clearkin is to be responsible for any liability for tax she may owe to the Inland Revenue Department on the settlement sums. 4. This agreement may be pleaded by Geneva Healthcare Limited in defence to any claims Bronwyn Clearkin may commence against it in...

2. [2021] NZEmpC 211 McKinlay v Wellington Cosmetic Clinic Ltd [pdf, 203 KB]

   ...a principled way, I asked for, and received, copies of Ms McKinlay’s legal aid invoices. There are ten invoices. In my view, three of them should not be considered, for these reasons: (a) The invoice of 30 April 2019 relates to the initial response filed on behalf of Ms McKinlay, when WCCL instituted a challenge. That challenge was, however, discontinued, and in a judgment of 4 December 2020, Judge Perkins dealt with the issue of costs flowing from the discontinuance.8 Acco...

3. [2021] NZEmpC 230 Allison v Ceres New Zealand LLC [pdf, 175 KB]

   ...letter proposed foregoing costs awarded against Mr Allison in the Authority, discontinuing proceedings in the Authority seeking compliance, and not seeking costs associated with steps taken in this proceeding to that point in time. There was no response to that offer. [6] Mr Allison does not oppose an order but has requested it be for a lesser amount than Ceres claimed. Ms Oberndorfer, Mr Allison’s advocate, accepted that the calculation provided by Ceres complied with the Cou...

4. KS v OT Ltd [2020] NZDT 1406 (17 December 2020) [pdf, 129 KB]

   ...camera on the front gate may not have been the most up to date or high end CCTV technology, this did not cause KS’s loss, as the thieves entered through a point at the rear of the property. KS questioned other aspects of the security, including the response time on the electronic fence monitoring system. However, he did not present any evidence that would allow a comparison between this and the systems other storage facilities use. OT Ltd’s representatives pointed out that the thieves...

5. CG v SG [2019] NZDT 1488 (2 April 2019) [pdf, 179 KB]

   ...explained that he cut the beach and some of the top of the picture to fit the dimensions as the focus of the picture is the breaking wave. He also argued that he always discusses composition with customers and referenced phone calls and emails. In response CS and DS stated that they were never told that the picture would be different. 7. As no emails or other record of a discussion of dimensions and composition were presented, I find that it is not proven on the balance of probabilitie...

6. Baker - Tataraakina C Trust [2021] Maori Appeal Court MB 308 (2021 APPEAL 308) [pdf, 208 KB]

   ...views known to the Trustees and the Court. It gives the owners a venue and structure for discussion. … The Trustees must make the decisions of Trust business and cannot be dictated to by the owners. They cannot delegate their decision-making responsibility to a vote at a meeting of owners. This is particularly so in that there are unlikely to be all the owners at the meeting and the Trustees have a duty to all of the owners and not just those present at the meeting. In fact...

7. [2021] NZEmpC 152 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

   ...accordingly unsuccessful. Costs are reserved [21] Costs are reserved. If they cannot be agreed between the parties, an application may be made by the respondents by way of memoranda filed and served within 20 working days of this judgment. Any response from Mr AlKazaz must be filed and served within a further 15 working days and any reply from the respondents must be filed and served within a further five working days. Any costs application then will be determined on the pape...

8. Form 42 Civil Victims Order [pdf, 250 KB]

   ...reasonably incurred. • No other payment, remuneration or benefit has been or will be received in respect of this work (unless authorised by Legal Aid). • Any non-lawyer or supervised provider performed his or her work under my supervision and I am responsible for it. I acknowledge that: • If this case is subject to a user charge, the total approved payment may be reduced by the amount of the user charge where the total approved is more than the user charge. Signature of lead...

9. Making parenting arrangements Info Booklet MOJ0608 [pdf, 602 KB]

   ...their child’s life. It helps if everyone can come to an agreement. This is usually quicker, cheaper, and less stressful than going to court. It also means your child doesn’t need to go through the court process. A guardian is an adult who is responsible for the upbringing and care of a child. Resources and services to help you Parenting Plan Workbook This is for parents, guardians and whānau who are involved in the day-to-day care of a child, after a change in parenting arra...

10. UH v EN [2022] NZDT 155 (13 October 2022) [pdf, 195 KB]

    ...agreed as terms of the contract, as it is with for example heat pumps in terms of written vendor warranties in the contract. 6. EN pointed out that UH had dispensed with the need for a building report and so in the end, EN believed he was not responsible for anything UH did not find out about because of this. I agree with EN. 7. UH was not able to point to any statement in the pre-contractual negotiations which might have been an untrue statement. EN said in the hearing that h...