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  1. NL v EU & TJ Ltd [2021] NZDT 1589 (2 August 2021) [pdf, 102 KB]

    ...equally responsible for the collision. While EU created a situation where there was a risk, the primary cause of the crash was NL’s failure to check that the road was clear before pulling out of his driveway. Therefore, he bears the greater responsibility for the collision. I have assessed their respective liability as 80:20. Are the costs claimed reasonable? 18. If a party breaches a duty owed to another, and causes damage, they must pay the cost of putting that person into...

  2. [2024] NZEmpC 102 C v P [pdf, 195 KB]

    ...in a principled 2 For example, Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546 (CA) at [94]. 3 D (SC 31/2019) v New Zealand Police [2021] NZSC 2, [2021] 1 NZLR 213. 4 At [139]. 5 At [142]. 6 At [146]. 7 See GF v Minister of COVID-19 Response [2021] NZHC 2337 at [40]; and Four Midwives v Minister for COVID-19 Response [2021] NZHC 3064 at [81]–[83]. 8 Kidd v Equity Realty Ltd [2010] NZCA 452 at [12]. way. In my view, the breadth of this power permits the Court to...

  3. BC v KQ & EQ [2024] NZDT 146 (15 April 2024) [pdf, 193 KB]

    ...handled through [Bank 2]. [Bank 1] advised KQ and EQ “the request (to return the funds) has been declined by [Bank 2]. They state the reason for the decline as, “Consent not given by customer“. [Bank 1] advised KQ and EQ this was an unusual response in the circumstances, because it was not consistent with a payment being made to an unknown bank account, i.e., one that did not exist because the wrong suffix had been used. It is not clear to me whether the “customer” referred...

  4. BC & others v QK [2023] NZDT 137 (5 June 2023) [pdf, 194 KB]

    ...detail including Mum feeling the walls for any wet spots and checking cupboards and checking the seals on the windows. He said he thought Mum asked about leaks and mould and general questions. He said he had no specific recollection of comments or responses by QK. 13. QK states he does not recall saying there were no leaks, but he may have because that is what he believed. He strongly states mould was never discussed and only came up after the purchase and the dispute was raised. He s...

  5. Factsheet For Licensees [pdf, 165 KB]

    ...found in sections 45A-45H and schedule 4 of the Act. The approach is similar to that taken for the last two Rugby World Cup tournaments, with some improvements. This factsheet provides information on eligibility for extended trading hours and your responsibilities as a licensee when using them. Who can extend their hours? You can extend your trading hours if: • you hold a current club licence or an on-licence • your main reason for extending your trading hours is to host custom...

  6. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

    ...firewood was generated and sent on 18 May 2021 and the firewood was delivered on 20 May 2021. 3. CM did not pay for the firewood. 4. NF Ltd sent a number of reminders and statements in respect of the amount due and attempted to contact CM. No response was received. 5. In March 2022, NF Ltd tried to contact CM by phone. Shortly after that NF Ltd received an email from CM advising that he was aware he had an outstanding account. He stated that the wood ordered was extremely we...

  7. [2025] NZEmpC 32 ZUW v WFW [pdf, 216 KB]

    ...director’s former partner. They maintain a close and co-operative relationship to care for F. D does not use the director’s surname, but their previous relationship is well known in the community as is the fact that they continue to share responsibility for caring for and supporting F. 11 At [88]. 12 At [89]. 13 At [89]. 14 See for example, KN v New Zealand Steel Ltd [2024] NZEmpC 65. [16] Adverse impacts on D were said to be likely to arise if ZUW’s name an...

  8. OD v JE [2024] NZDT 794 (13 November 2024) [pdf, 183 KB]

    ...a car from JE. She discovered after the purchase that the car was defective, and she seeks a refund and other costs from him. JE counterclaims for costs he has incurred in dealing with OD’s claim. [2] OD bought the car, a [model redacted], in response to an [online] advertisement placed by JE. She had inspected the car with her husband, and they had test driven it twice before they decided to buy it. The purchase price was $6,300.00. Their intention was to use it to tow their food truc...

  9. U Ltd v G Ltd [2024] NZDT 480 (19 April 2024) [pdf, 101 KB]

    ...before [Box 2] was delivered to it. G Ltd’s contract was to complete the horse box using the materials supplied and install it on the subframe supplied. b) The design of the subframe or the horse boxes was not G Ltd’s design and it had no responsibility for the design. 1 NB acknowledged that in mid 2022 she diversified the company to carry out tail lift installs and had to become certified engineering company as a result. . CI0301_CIV_DCDT_Order Page 3 of 4 c) DH...

  10. 2025 NZPSPLA 087 pdf [pdf, 100 KB]

    ...were granted security certificates (COAs) or after their COAs had expired. He however denies ever working in security without a COA. He says he has now learnt from his mistakes which were a result of being new to business and not understanding his responsibilities. [3] The issues I therefore need to decide are: a) Did Mr Singh work in security without a COA? b) Is Mr Singh or DBDS guilty of misconduct? c) If so, what is the appropriate penalty? Background [4] DBDS was...