Search Results

1. NC v X Ltd [2024] NZDT 274 (10 May 2024) [pdf, 205 KB]

   ...on the likely profits made by X Ltd on NC’s past orders. However without evidence to support a loss, the amount of compensation claimed cannot be justified. X Ltd have offered a gift voucher of $100 in recognition of the error and initial slow response to the complaint. I find this offer, which is still on the table, to be reasonable. I have therefore made an order on the basis of the offer made. The claim for further compensation however must fail. Referee: DTR Edwards...

2. [2024] NZEnvC 113 Hiestand v Auckland Council [pdf, 191 KB]

   ...15 days. (c) He was advised to apply for a change or cancellation of the Abatement Notice which he sent to Council on 19th February 2024, deferring his trip to 26th February. Despite persistent phone calls to Council, he was unable to get any response regarding the status of his application or advice on 3 further action to take. (d) Council’s reply letter advising that Council will not be cancelling the Abatement Notice is dated Thursday 7 March 2024 which was the day bef...

3. Ferguson v Accident Compensation Corporation (Costs on appeal) [2024] NZACC 194 (27 November 2024) [pdf, 145 KB]

   ...[2] On 14 November 2024, Mr Brooke filed a memorandum on costs for the appellant. 1 Ferguson v Accident Compensation Corporation [2024] NZACC 167. 2 [3] On 21 November 2024, counsel for the Corporation provided a memorandum in response. Relevant law [4] Rule 14.1(1) of the District Court Rules 2014 provides that the award of costs is at the discretion of the Court if they relate to costs of a proceeding, or incidental to a proceeding, or a step in a proceeding....

4. HL v UB [2024] NZDT 339 (8 July 2024) [pdf, 136 KB]

   ...their Traffic Crash Report, the Police state: “From video evidence driver would appear to be the registered owner.” 4) The applicant’s insurer has sent letters to the respondent holding him liable for what happened here. There has been no response. If someone else was the driver of the vehicle involved in the incident with the applicant, UB has had an ample opportunity to inform K Ltd as to who that might be. I am satisfied that it is more likely than not that UB was the driver....

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

   ...these fees would be lower or capped at a certain amount. I have not been convinced that they were and in any event that such would override the clear provisions of the contract they all signed which is the primary source of the parties’ reciprocal responsibilities and entitlements. 6. None of the other matters raised to successfully challenge payment of this invoice were established by the respondents on sufficient evidence. 7. This invoice is payable in full. Page...

6. FINAL-2025-International-surrogacy-protocol.pdf [pdf, 93 KB]

   ...of intended travel to New Zealand 4. Whether Births Deaths and Marriages have been notified Electronic filing is permitted. 3. Applications filed electronically should be addressed to the generic address for those two courts and cc’d to the responsible Court Registry Officer (CRO) and their Service Manager. Counsel will be provided with an updated contact list. 4. If any application for international surrogacy adoption is filed elsewhere, registrar to immediately transfer to...

7. DX v CT [2024] NZDT 834 (8 October 2024) [pdf, 93 KB]

   ...email and asked him to provide his contact telephone number for the hearing but there was no reply. At the hearing DX provided a telephone number for CT from a recent advertisement [online]. The Tribunal called the number provided but there was no response. The absence of a party does not prevent the matter from being heard and determined. Was DX entitled to cancel the contract and receive a refund of his deposit? 7. The general law of contract and the Contract and Commercial La...

8. LC Ltd v XU Ltd [2024] NZDT 356 (21 May 2024) [pdf, 177 KB]

   ...specific timeframe for the unloading of tools was given. Is XU Ltd liable in negligence for the damage caused to LC Ltd’s vehicle? 4. The general law of negligence applies. Where damage has been caused to property, the conduct of the party responsible is culpable because it falls short of what a reasonable person would do to protect another from foreseeable risks of harm. XU Ltd concede that the concrete aggregator was inadvertently overloaded, and as a result, aggregate spilled...

9. [2025] NZEmpC 59 healthAlliance NZ Limited v Cunningham [pdf, 157 KB]

   ...has successfully defended the application for urgency and is entitled to costs. If this issue cannot be agreed upon between the parties then he is to file and serve memoranda within 21 days; healthAlliance will have 14 days to file and serve any response, following which Mr Cunningham will have seven days in which to file and serve any memoranda strictly in reply. M S King Judge Judgment signed at 12.30 pm on 26 March 2025

10. Wai 3300, 2.5.011(c) Inquiry planning wānanga Powerpoint [pdf, 1.3 MB]

    ...theme should be the subject of further inquiry  How evidence is given and by whom.  How evidence is heard, who hears it, who records it and what happens to it.  How evidence is tested or cross-examined.  The nature of the Tribunal’s responsibility to listen, to see, and to hear evidence.  How the Tribunal conveys what it has heard and seen and how the Tribunal’s report will be published. Participation at wānanga takiwā Parties may wish to determine:  Whether it...