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Search results for statement of claim.

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  1. Directory of Official Information S-U [pdf, 1.2 MB]

    Directory of Official Information Listings S-U About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz ma

  2. [2019] NZEmpC 15 Downer NZ Ltd v Livingstone [pdf, 226 KB]

    ...for a very small sum, the determination has wider ramifications for past and future dealings with other employees where calculation of payment of salary for broken monthly periods is involved. Pleadings [7] Downer has applied to amend the statement of claim. This amendment adds a head of relief or remedy as follows: A declaration that it was an implied term of the employment agreement between the plaintiff and the defendant that the defendant’s hours of work were...

  3. Mateeva v Ministry of Business, Innovation and Employment (Extension of Time to Commence Proceedings) [2024] NZHRRT 39 [pdf, 204 KB]

    ...[5] As the Commissioner’s notice was given on 24 August 2023, Ms Mateeva was required to have commenced proceedings in the Tribunal by 24 February 2024. [6] It was not until 3 February 2024 that Ms Mateeva, who resides in Bulgaria, posted her statement of claim to the Tribunal. This was delivered to the Tribunal’s post box on 26 February 2024. Ms Mateeva’s claim was therefore outside the six-month time limit by two days. [7] In June 2024 Ms Mateeva applied for an extensio...

  4. BM v NE [2023] NZDT 612 (6 November 2023) [pdf, 204 KB]

    ...Through a third-party BM asked NE whether the textured walls contained asbestos. 4. BM received an e-mail response from NE saying, “the textured walls are plaster over wallpaper and not asbestos they have a sponge finish.” 5. Given that statement by NE, BM purchased the house. 6. On the 26th of August 2023, BM discovered that the statement made by NE was not true and that the textured walls did contain asbestos. 7. BM has already removed 30 of the 70 metres of wallboard c...

  5. ED v NG [2024] NZDT 545 (2 July 2024) [pdf, 96 KB]

    ...commencing the hearing in his absence. The issue to be decided then is whether, on the face of what has been provided by ED, he is entitled to be paid damages by NG for misrepresentation. Findings 8. I find NG is liable to pay the amount claimed because he misrepresented its condition to ED in the Trademe advertisement. 9. Section 35 of the Contract and Commercial Law Act 2017, the CCLA, provides that a party to a contract may be entitled to damages if they are induced to en...

  6. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

    ...non-attendance. [33] Section 69 of the Act set outs the provisions in relation to evidence in proceedings. It states: 69 Evidence in proceedings (1) The court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter that, in the opinion of the court, may assist it to deal effectively with the matters before it, whether the same would, apart from this section, be legally admissible in evidence or not. (2) The co...

  7. Doney - Lot 2 DP 29547 (2017) 145 Taitokerau MB 4 (145 TTK 4) [pdf, 200 KB]

    ...ownership… …te tiriti o waitangi 1840 “…the full exclusive undisturbed possession of their land…” he wakaputanga ote rangatiratanga o niu tirani 1835 “we do not permit any other legislative authority…” [sic] [21] Mr Hetaraka filed statements of claim concerning the customary land application on 18 December 2016, and then on 16 January 2017. Mr Hetaraka prepared and filed these statements of claim himself without the benefit of legal advice or representation. Th...

  8. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [pdf, 202 KB]

    ...adamantly denied ever meeting, talking or directly dealing with EX prior to the purchase of the engine. BD said that he had dealings with a Mr J who he believed wanted to purchase the engine. 10. When two parties make compelling yet conflicting statements about what was said or done on an earlier occasion it is sometimes not possible to make a finding one way or the other without some “objective” evidence. 11. It was not disputed that the engine was picked up by “T” from B...

  9. FX v KQ [2023] NZDT 538 (29 September 2023) [pdf, 188 KB]

    ...July 2023, FX contacted KQ seeking a refund for discounted treatments KQ had given to family and others at a staff discount rate, without authority. Payment for a container of recovery cream was also raised, which has since been paid for. 3. FX claims $2,690 for 14 treatments FX claims were given without authority. Issues 4. The issues for the Tribunal to determine are: (a) Whether KQ gave treatments at the staff discount rate without authority; (b) If so, the amount KQ should p...

  10. [2015] NZEmpC 21 Haldemann LLC v Nelson [pdf, 118 KB]

    ...cover letter must be attached in the case of an application to ICC; and that a resumé needs to be attached and information should be provided for “verbal referencing” in the case of recruitment by Enterprise Recruitment. [7] Ms Nelson filed a statement of defence denying the assertions made by Haldeman LLC in its application. She also filed an affidavit deposing that on 17 November 2014 her lawyer emailed counsel who were then acting for the defendants, a copy of the relevant...