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1. MB & NB v G Ltd [2023] NZDT 99 (10 March 2023) [pdf, 155 KB]

   ...(ii) Is G Ltd in breach of clause 7.3 of the sale and purchase agreement and, if so, what is the affect, if any, of 21.1(g) of the sale and purchase agreement on MB and NB’s rights under clause 7.2? (iii) Have MB and NB established the amount claimed? Did G Ltd make a misrepresentation regarding the condition of the drainage system which induced MB and NB to agree to the purchase and, if so, what is the affect, if any, of clause 21.1 of the sale and purchase agreement on MB and NB...

2. MN v EX [2024] NZDT 68 (23 February 2024) [pdf, 102 KB]

   ...$1,000.00 deposit to EX. It was agreed that EX would deliver the caravan to MN on 26 August 2023 (after MN had returned from overseas). 2. MN said that, after EX delivered the caravan to him, he discovered that there was a leak in the sink, and he claims that the electrical control panel was faulty. EX took the caravan back home and he fitted a new tap. On 27 August, MN went to have another look at the caravan and he said that the control panel “went again” when he was there....

3. [2007] NZEmpC AC 31/07 Pradeep v Star Mart Service Station Ltd [pdf, 18 KB]

   ...reimbursed for lost remuneration and awarded $2,500 in compensation. It reserved the question of costs. [3] Although his claim had been largely successful, Mr Pradeep, acting for himself, challenged the determination. In his challenge he sought reinstatement, an award of costs, compensation, and damages. Star Service filed a statement of defence. In August 2005, Mr Pradeep sought an early hearing date and was advised by the Registrar on 26 August 2005 that the challe...

4. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

   ...action, defence, or case appropriate to the nature of the pleading; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. (2) If the court strikes out a statement of claim or a counterclaim under subclause (1), it may by the same or a subsequent order dismiss the proceeding or the counterclaim. (3) Instead of striking out all or part of a pleading under subclause (1), the court may stay al...

5. Deputy Registrar - Whenuanui 2B (2020) 222 Taitokerau MB 236 (222 TTK 236) [pdf, 315 KB]

   ...opinion of the High Court. Prior to that conference, Ms Davenport filed the s 45 application to cancel the 2007 status order. She also filed an application seeking a stay of the s 18(1)(a) and 18(1)(h) applications filed by the Registrar. A statement of claim was filed in the High Court shortly after the conference. I heard from all parties concerning the application seeking a stay during the conference and then further by way of written submissions. What legal principles appl...

6. [2010] NZEmpC 10 Snowdon v Radio New Zealand Ltd [pdf, 147 KB]

   ...documents and the plaintiff has challenged that objection (`the disclosure challenge’). [2] The documents sought by the plaintiff are said to be relevant to this action, which I shall refer to as the `fraud proceedings’, commenced by way of a statement of claim filed on 17 March 2009. An amended statement of claim, filed on 17 June 2009, seeks orders setting aside “the findings, directions, orders and decisions (as the case may be) of Judge Coral Shaw in the p...

7. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...Auckland 212. [8] As noted, the Authority accepted that an increase was justified but set that at the modest level of $2,000. It did so on the basis of the two Calderbank offers. That led to the order for $9,000 costs. [9] In her statement of claim challenging the costs determination, Ms Spillman claims she did not unreasonably reject the Calderbank offers made by the defendant and further says that she is experiencing severe financial hardship. [10] Tandem Skydiving...

8. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...seeking a full hearing of the entire matter, referred to as a hearing de novo.2 1 Pyne v Invacare New Zealand Ltd [2022] NZERA 240 (Member Arthur). 2 Employment Relations Act 2000, s 179(3)(b). [2] In this case the plaintiff (through his statement of claim) has stated that he is not seeking a hearing de novo. When a hearing de novo is not sought (which I will refer to for convenience as a non-de novo hearing), a plaintiff must specify the determination, or part of the...

9. [2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 244 KB]

   ...contacting clients of NZTG in breach of non-solicitation covenants, and in breach of restrictions not to use NZTG’s confidential information; and d) taking NZTG’s assets and equipment with them upon resignation. [10] On 10 September 2020, a statement of problem was filed in the Employment Relations Authority by NZTG in which a range of declarations and orders including damages and penalties were sought based on the above allegations. An application for an interim injunction wit...

10. [2010] NZEmpC 49 Assured Financial Peace Ltd & Anor v Pais [pdf, 12 KB]

    ...expectation that that sum will be paid in, but will continue beyond 31 May only upon payment in. [3] I reserve leave for either party to apply for any orders affecting that order for stay. [4] In my minute of 19 April 2010 I had indicated that if a statement of defence had been filed and served by today, we might have been able to set the matter down for a hearing. No statement of defence has yet been filed. However, I am of the clear view that the case would benefit, even signi...