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1. MS v O Ltd [2024] NZDT 94 (19 January 2024) [pdf, 198 KB]

   ...from the first agreement. 4. MS alleges that he only entered into the second agreement as HB for O Ltd had told him that the vehicle could not obtain LVV and repairer certifications in New Zealand. MS believes this was a misrepresentation, and claims $9,007.65 being the loss that he believes he has suffered as a result: a. Original sale price (JPY 1,100,000) $ 12,643.67 b. Plus cost of shipping vehicle to New Zealand initially $ 1,084.48 c. Plus cost of shipping vehicle b...

2. CEIT Homeowners Guide [pdf, 1.4 MB]

   Still waiting to resolve your earthquake claim? Let’s get it settled Homeowners’ Guide to the Canterbury Earthquakes Insurance Tribunal About the Tribunal The Canterbury Earthquakes Insurance Tribunal (the Tribunal) is here to provide homeowners affected by the 2010 and 2011 Canterbury earthquakes with a fair, speedy, flexible and cost-effective way to resolve long-standing claims with insurers (including Southern Response) and the Earthquake Commission (EQC). Features of the...

3. [2008] NZEmpC WC 9A/08 NZ Professional Firefighters Union $ Ors v NZ Fire Service Commission & Ors [pdf, 40 KB]

   ...necessary had been done in the course of the proceedings before the Authority. That included most of the affidavits and much of the legal research. Further, as Mr Cranney observed, the plaintiffs elected hearings de novo and, as a result the statements of claim and statements of defence were not complex. Only one additional issue was before the Court which had not been before the Authority. [16] Having heard and decided the matter, I have a good understanding of the i...

4. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...judgment that the dismissal was justified. As an alternative it disputed the compensation the Authority ordered to be paid. 6 Employment Relations Act 2000, ss 179(1) and (3). [10] The statement of claim pleaded that the period from 2 May to 4 May 2016, which the Authority had concluded was work time to be paid for, was actually to assess Mr Wate’s suitability for employment and there was a common understanding that he...

5. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...administrative arrangements meant Mr King was the point of contact, and was responsible for, certain transactions undertaken on behalf of the Government department which included occasionally engaging the construction company. [9] Downer’s claims against Mr King are that between 2020 and 2022 he created at least four false invoices purportedly issued by the construction company for work allegedly carried out by it for the Government department. Downer claims that it paid those...

6. [2025] NZEmpC 67 Singh v Chand [pdf, 149 KB]

   ...Employment Relations Act 2000 in respect of Bimlesh Chand’s failure to comply with orders made by the Employment Relations Authority.1 [2] Mr Singh has applied for urgency and for an order abridging the time for which Mr Chand has to file his statement of defence to 14 clear days. This judgment resolves that application. 1 Singh v Chand [2024] NZERA 398; and Singh v Chand [2025] NZERA 26. [3] By minute dated 27 March 2025 I said Mr Chand was to file and serve any res...

7. [2011] NZEmpC 100 Liu v South Pacific Timber (1990) Ltd [pdf, 107 KB]

   ...approach should be taken as in the case of applications to strike out proceedings or causes of action within them in first instance proceedings. Such an approach assumes that a plaintiff will be able to prove the allegations of fact made in the statement of claim and examines whether, assuming those facts proved, there is nevertheless no recognised cause of action. This case is, however, not first instance litigation: it is a challenge to a determination of the case advanced on t...

8. EQ v FI Ltd [2024] NZDT 394 (13 May 2024) [pdf, 138 KB]

   ...second-hand vehicle, EQ needed to check whether the car came with all the accessories which were important to him. Was there a misrepresentation by FI Ltd regarding the number of sets of keys the [car] had? 10. A representation is usually a statement of fact made about the item being sold. In this case, it is accepted that no statements were made about the number of available sets of keys. 11. In some rare situations, a misrepresentation may occur where a party fails to say some...

9. [2025] NZEmpC 168 Jenner v Corrections Association of New Zealand Incf [pdf, 287 KB]

   ...consider that is a product of the dispute between the parties. [42] There is clearly a position to preserve. It is therefore appropriate to consider the merits of the application. Is there a real contest between the parties? [43] Mr Jenner’s statement of claim makes several claims about the removal process the CANZ executive committee intends to undertake. He claims that: (a) undertaking such a process would breach CANZ’s duty of good faith to him by: (i) acting in bre...

10. [2022] NZEmpC 20 Courage v Attorney-General [pdf, 195 KB]

    ...relevant to the strength of the second defendants’ opposition to the substantive application. Consideration of each leads me to the same end point – namely dismissal of the application. My reasons follow. [3] The plaintiffs filed their statement of claim on 12 October 2021. Urgency was sought and granted. A telephone directions conference was held on 21 October 2021 and a number of directions and orders were made, including in relation to the timeframe for resolving interl...