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Search results for statement of claim.

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  1. NC v UD Ltd [2024] NZDT 829 (2 October 2024) [pdf, 189 KB]

    ...The Tribunal orders: The claim is dismissed. Reasons: 1. NC and Ms H, representing UD Ltd, both attended the teleconference hearing on 2 October 2024. The matter was adjourned from a first hearing on 7 August 2024. 2. NC has claimed that he owns a shipping container, which has his personal belongings in, that is in the possession of UD Ltd, and that UD Ltd will not return the shipping container to him. UD Ltd said that it owns the shipping container and there was on...

  2. Xu v Noon [2014] NZIACDT 46 (08 April 2014) [pdf, 135 KB]

    ...client engagement process. The adviser claimed he had otherwise complied with his obligations. He said he was under time pressure and for that reason had not fully complied with the Code of Conduct. [4] The Tribunal has had to evaluate the competing claims of the parties. The Tribunal has upheld the complaint in part. Interim decision The Complaint [5] The Tribunal issued an interim decision that outlined the complaint, as set out in the Statement of Complaint. [6] In his Statemen...

  3. LCRO 255/2016 WR v VB (4 March 2019) [pdf, 176 KB]

    ...[2] Mr WR instructed Mr VB in 2011 to defend him against indecent assault charges laid by the police. Later in November 2011 Mr WR instructed Mr VB to act for him with regard to employment related matters. Mr VB drafted a personal grievance claim which proceeded to mediation and then to the Employment Relations Authority. [3] The Authority found that Mr WR had been unjustifiably dismissed by his employer ([Company A]) and made awards in favour of Mr WR. [Company A] appealed to t...

  4. [2020] NZEmpC 9 Zhang v Telco Asset Management Ltd [pdf, 236 KB]

    ...addressing the parties’ submissions, it is necessary to summarise the findings made by the Court. I was required to consider five issues, all raised by Mr Zhang on a non-de novo basis. My conclusions were:2 a) The challenge in respect of a claim for lost wages was disallowed. I confirmed that the amount payable for these was $12,231.25, as found by the Authority, minus PAYE and any other lawful deductions agreed between the parties as reimbursement of lost wages, subject to...

  5. Te Manutukutuku issue 75 [pdf, 7.6 MB]

    ...Pōtae panel’s report on its district inquiry, the Tribunal released six reports between June and December 2019. In this issue we cover three: on stage 1 of the Health Services and Outcomes kaupapa inquiry, focus- ing on primary health sector claims; on Māori prisoners’ voting rights; and stage 2 of the National Freshwater and Geothermal Resources inquiry, con- cerning freshwater issues. Three reports on urgent inquir- ies were released in December: on the Maniapoto and Mana A...

  6. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

    ...at which the usual civil litigation costs regime should apply is when the claims are before the Courts. Even at that stage, the human rights dimension they entail may lead to a different approach to costs. [Footnote citations omitted] [6] These statements of principle are to be applied and developed within the context of the particular facts of the present case: [6.1] The High Court in Commissioner of Police v Andrews at [57] recognised that the range of litigants and the types of cas...

  7. [2022] NZIACDT 28 - DD v Pabellon (15 November 2022) [pdf, 205 KB]

    ...total fee in instalments as well as $530 to Immigration NZ. [8] Ms Pabellon filed the expression of interest (expression) on 16 May 2018 claiming 185 points. The breakdown of points is not apparent to the Tribunal, except as to 70 points being claimed for a PhD said to have been obtained on 16 May 2018. The expression stated the complainant was a university lecturer. Ms Pabellon sent an email to the complainant on the same day advising that the expression had been filed. Then...

  8. SB v LQ [2024] NZDT 128 (16 April 2024) [pdf, 203 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 128 APPLICANT SB RESPONDENT LQ The Tribunal orders: The claim is dismissed. Reasons: 1. On 9 December 2023 SB purchased a [motor cross] motorbike after seeing it for sale on Facebook Marketplace. He took it for a test drive and negotiated with LQ, who is 16 years of age, to purchase it for the reduced price of $5,400. 2....

  9. [2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk [pdf, 372 KB]

    ...that Ibrahim Kocatürk and Güler Kocatürk were entitled to awards for unpaid wages and holiday pay.2 It also concluded that Mr Kocatürk had not been unjustifiably dismissed but Mrs Kocatürk had been and she was entitled to remedies. A counterclaim by Zara’s Turkish Ltd, for loans said to have been made to Mr and Mrs Kocatürk, failed. [3] The Authority ordered Zara’s Turkish Ltd to pay Mr Kocatürk $16,194.36 for arrears of wages and $4,766.76 for holiday pay. It ordered...

  10. Rautangata v Rautangata - Opuatia No 6D No 2D Block (2011) 27 Waikato Maniapoto MB 252 (27 WMN 252) [pdf, 137 KB]

    ...other associated costs totalled $210,114.86. That amount was not questioned by the respondents. [14] The applicant also produced evidence that the ASB advanced two loans to the Rautangatas, totalling $100,000.00. The applicant filed bank statements showing transfers from her personal bank account with the BNZ to the Rautangatas’ ASB account amounting to $42,300.00 during the building period. The applicant also provided evidence regarding payments she made to the Rautangatas...