Search Results

1. [2020] NZREADT 14 - Rogers (20 March 2020) [pdf, 139 KB]

   ...hanging out with a bad crowd, and felt peer pressured into stealing the wine. I was not caught at the time, but later, feeling incredibly guilty about what I had done, handed myself in to the police station, admitting the shoplifting, taking full responsibility for my actions, and was charged. … [7] Ms Rogers went on to say: Over the last 4 years I have changed my life completely. I no longer associate with those type of people and have worked hard to create a good life for mys...

2. [2019] NZEnvC 181 Horowhenua District Council v Chambers [pdf, 2.5 MB]

   ...from the Court, the Council arranged service on Mr Chambers of a minute, advising him that if he had not filed an appearance by Friday, 14 June 2019, the application would be dealt with "on the papers". 1 The Court has not received any response from Mr Chambers to the proceedings. The Council application [4] The terms of the Council application are set out in para [2] (above). As I have noted, the application was supported by a single affidavit from Mr Amos which I briefly...

3. BX v PN Ltd & NN Ltd [2021] NZDT 1575 (5 August 2021) [pdf, 215 KB]

   ...based on the visual appearance of the boat when BX returned it to him. Mr T has no direct knowledge about what BX did with the boat since purchase. 19. BX does have direct knowledge about that, and he provided a clear, detailed, and persuasive response to all of the concerns that Mr T raised. Having regard to BX’s statement, I am satisfied that there was no instance of carelessness by BX, or failure to comply with the manufacturer’s recommendations, that could be the cause of the...

4. RK v KS [2021] NZDT 1349 (20 April 2021) [pdf, 224 KB]

   ...of the jetski? b) Is RK entitled to the sum claimed? Was a misrepresentation made in the sale of the jetski? 4. The starting point is the principle of caveat emptor, or ‘buyer beware’. The general position is that the buyer must be responsible for his or her own purchasing decision. 5. It is also the sale of a good, made in the context of a private sale. KS is not in trade and sold the jetski privately. 6. Where goods are sold by a seller in trade, there are implied...

5. SQ v MN Inc [2021] NZDT 1472 (8 August 2021) [pdf, 189 KB]

   ...might not have been abandoned, appropriate enquiries should be made. He added: “The more valuable (whether in monetary terms or as a personal item) the property might possibly be, the more the [bailee] might reasonably be required to await a response before treating the property as if it had been abandoned.” 10. In the current situation, animal welfare considerations need to be considered as well as the rights of the owner and the costs and inconvenience to the bailee. The approach...

6. BD v DS Ltd [2020] NZDT 1504 (14 October 2020) [pdf, 134 KB]

   ...[Laboratory] test was odd given the other two readings were 43.5 and 44.5 MPa and that the 27 MPa should have been excluded from the analysis. 17. LE says once the concrete leaves the yard they have no control over the product. For example, others are responsible to lay and cure the concrete. The specifications require the concrete to be cured by keeping it wet or putting a sealer on it. Also, if the weather is hot the concrete will require a constant supply of water to make it strong...

7. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...Ltd the fact that it thought it had been overcharged by EB Ltd calculating its fee on the number of computers involved rather than the number of staff. EB Ltd requested a refund of the amount which it considered it had overpaid. After receiving no response from EB Ltd, at the end of November 2018 D Ltd prepared an invoice for the amount it considered it had overpaid and sent it to EB Ltd. In March 2019 EB Ltd advised D Ltd that it had no intention of paying the invoice. [3] D Ltd claims...

8. [2021] NZEmpC 187 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 278 KB]

   ...standards in that he aided, abetted, counselled or procured the breaches by the defendant companies, induced those breaches, and was directly or indirectly concerned in or a party to those breaches, being a person who had overall control of and responsibility for the employees’ employment. [8] The plaintiff has discontinued its claims in respect of the fifth defendant. [9] Orders were made against the first to fourth defendants requiring that they pay a total of $516,378.87 in a...

9. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

   ...difficulties emerged that required further attention. The first of them was that the relief sought by Mr Lye in his pleading went further than was permissible under s 161(2) of the Act.6 The second difficulty was that the relief assumed that responsibility for correcting the non-complying provision in the employment agreement rested solely with ISO. [6] While a conclusion was reached that a compliance order could not be made in the terms originally sought, that did not mean one...

10. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

    ...that there was an agreement between the parties that the shed could be removed provided the area was left tidy and the foundations also removed. TD and KF say there was no such agreement. However, as TD and KF also say that they intended to take responsibility for removal of the concrete foundations, the outcome would have been the same despite the differing basis for taking on the obligation. 7. TD and KF say that following SE raising concerns about the concrete after the damage to...