Search Results

1. I Ltd v V Ltd [2024] NZDT 97 (18 January 2024) [pdf, 187 KB]

   ...conduct that was misleading and was likely to mislead for the following reasons: (a) The photograph of OB on V Ltd’s website that was available to I Ltd showed OB with bare arms. The large [animal] tattoo was not on OB’s arm. (b) V Ltd was responsible for choosing the photographs for the website. (c) V Ltd knew that since the photograph on the website had been taken, OB had a large [animal] tattooed onto her arm. The tattoo was done approximately two years prior and the infor...

2. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

   ...Page 2 of 3 used a recruitment agency and, if he had been aware of the cost involved, would not have authorised the engagement of UH. [6] BI considered that TX had not had authority to make a contract for recruitment with UH. He said that TX was responsible to find and engage emergency doctors, and to organise their rosters. BI acknowledged that TX had told him that UH would be assisting in finding staff but, he said, he had not been told the terms of UH’s engagement. The issue...

3. CO v B Ltd & Q Ltd [2024] NZDT 718 (16 September 2024) [pdf, 126 KB]

   ...d. QW responded “No dents we do good cut polish before sending to you.” This implied that any marks or scratches would be removed by the cut and polish. e. When CO asked about the condition of the van, QW was obliged to give a full and true response. There were numerous marks, scratches and dents in the van that were not disclosed to CO. f. CO immediately took issue with the condition of the van when it was delivered to him by contacting Q Ltd with photos of the dents and scratches...

4. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...elements of a simple contract exist. 7. I find that the parties had entered into a contract. This is for the following reasons: a. I find that the email from U Ltd dated 8 March 2024 was an offer it was making to provide NG with services, in response to his request for information. b. I find that NG had, by his silence, accepted the offer made by U Ltd. After NG had made his online enquiry and been given an estimate, he had continued to the next screen which was headed up ‘CONF...

5. Jones v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 176 (6 November 2024) [pdf, 264 KB]

   ...the weekly compensation he had received since April 1992. [6] In an internal email dated 20 April 2015 the Corporation’s technical claims manager advised Mr Jones’ case manager that the Corporation did not need to issue a new decision in response to this request. [7] Mr Jones applied for review of the 20 April 2015 email. On 17 August 2015 the Reviewer dismissed the application for review on the basis that the 20 April 2015 email was not a reviewable decision. On 20 June 2017...

6. NS & TS v Q Ltd [2024] NZDT 892 (6 November 2024) [pdf, 148 KB]

   ...return the goods to the supplier unless the goods cannot be transported without “significant cost to the consumer”.8 32. I will apply the CGA principle. In this instance the goods can be returned without significant cost. TS and NS are responsible for returning the part to Q Ltd at their own cost. 33. I will not award the mileage claimed. 34. Q Ltd is to refund the purchase price by no later than 22 November 2024. 35. TS and NS are to return the bulbar by no later th...

7. Herbst v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 38 (28 February 2025) [pdf, 153 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 038 ACAR 13/25, 14/25, 15/25, 16/25, 17/25, 40/25 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MICHELLE HERBST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: The Appellant is self-represented L Hawes-Gandarfor the Respondent

8. Judicial-Appointments-Information-Booklet-DCJ-February-2025 [docx, 42 KB]

   ...Appointments to the Māori Land Court are made by the Governor-General on the recommendation of the Minister of Māori Affairs. The Attorney-General places great importance on maintaining the quality and integrity of the judiciary. Putting the responsibility for all these appointments in the hands of the Attorney-General is intended to help to ensure a consistent and principled approach to these important decisions. In the case of appointments to the Supreme Court, the Court of Appeal an...

9. Mullins - Kaitoki No 2K Sec 1 (2025) 119 Tākitimu MB 50 (119 TKT 50) [pdf, 235 KB]

   ...including outside of the preferred class of 12 Hammond – Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) at [23]. 119 Tākitimu MB 55 alienee.13 This potential cannot be ignored. However, two points can be made in response. First, that risk exists anyway, because the block is already solely owned. Second, the statutory framework that governs partitions ensures that this potential is not ignored. [14] For these reasons, I consider that solely owned...

10. M Ltd v KQ [2024] NZDT 846 (25 November 2024) [pdf, 185 KB]

    ...whether or not a duty of care has arisen. 29. The test “is a question of proximity and the degree of control exercised by the director.” 30. That does not necessarily mean that the director has to have actually undertaken the work or been responsible for it. 31. Here KQ, as the sole director of his company, appears also to be the sole employee of his company. 32. As project manager, he instructed contractors, visited the site to inspect and review the wo...