Search Results

1. [2020] NZEmpC 42 Alkazaz v Enterprise IT Ltd [pdf, 348 KB]

   ...declined the re-opening application, for reasons fully set out in a determination dated 30 September 2019.2 In summary, the Authority found that Mr Alkazaz was seeking to bring fresh personal grievance claims (which he needed to pursue by way of statement of problem in the usual way, rather than re-opening the original investigation); that much of the evidence that he wished to bring before the Authority was not “fresh” or “new”; none of the evidence which Mr Alkazaz wished...

2. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...repaid in full. MN made repayments until 29 March 2022 and then did not make any further repayments. HD relied on a clause in the loan agreement making MN liable for the full amount owing under the loan agreement upon his default. Initially, HD claimed $18,317.56, which he amended during the hearing to a claim for $8,758.78. Who were the parties to the loan agreement? 2. At the time the loan agreement was executed, HD was still married to his former wife, DD. HD and DD separate...

3. KC v KZ [2024] NZDT 421 (30 April 2024) [pdf, 205 KB]

   ...drove the car prior to purchase and if the tyres were that important to him, he would have noticed them at that time. 15. KZ said that he was told by the mechanic who did the work that these tyres were suitable for his vehicle. 16. While KC claimed that it was unsafe to have “mis-matched” tyres on a car, he did not provide any evidence to support that claim. The car passed a WOF with those tyres on it. 17. The statement that the car had two new front tyres was true as tw...

4. [2023] NZEmpC 76 McMillan v Resque Corporation 20/20 Ltd [pdf, 194 KB]

   ...the person in default be sentenced to imprisonment for a term not exceeding 3 months: (d) order that the person in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [10] The statement of claim sought a fine, an order for the sequestration of the defendant company’s property, interest on the money outstanding in accordance with the Interest on Money Claims Act 2016 and costs. [11] This morning Mr Johnston expl...

5. Bamber v Monschau - Tahorakuri A No 1 Sec 33A 2 (2019) 218 Waiariki MB 292 (218 WAR 292) [pdf, 415 KB]

   ...judicial conference for the purpose of timetabling. A judicial conference was then held on 6 April 2018.8 As no supporting documentation or evidence had been filed with the application, I allowed Aaron Bamber a month to file a more particularised statement of claim together with briefs of evidence. The majority trustees were then to have a month to file their reply and briefs of evidence, following which the matter would be set down for hearing. At the conclusion of the judicial...

6. SM v KN [2024] NZDT 176 (11 March 2024) [pdf, 190 KB]

   ...worst under the front part of the chassis. SM raised these issues with KN, who suggested he return the caravan and get a full refund. SM declined the offer because he didn’t think it was road worthy to safely make the 95km return journey. 3. SM claims the repair cost of $1,359.75 plus the costs to bring the claim of $140.25. This is amended from the original claim of $1,000.00. 4. The issues to be decided are: a) Did KN misrepresent the caravan by saying that the chassis looks...

7. G Ltd v QN & B Ltd [2024] NZDT 899 (20 December 2024) [pdf, 102 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 899 APPLICANT G Ltd RESPONDENT QN SECOND RESPONDENT B Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. G Ltd, a debt collection agency (the agency), seeks to collect $2,325.19 in commission, interest, costs, and fees, on two small, disputed debts that were lodged with it on 8 May 2021 by B Ltd (the creditor) via its direc...

8. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

   ...misleading.7 Both parties followed that approach in the hearing. However, these questions are focused on situations where an express representation has been made. In the present case, it is alleged that the defendants’ silence led to their statement(s) being misunderstood. Accordingly, it is necessary to consider when silence can constitute a representation. [36] This is discussed in some detail by Stephen Todd in Burrows, Finn and Todd on the Law of Contract in New Zealand.8...

9. [2009] NZEmpC AC 27A/09 NZ Amalgamated Engineering Printing & Manufacturing & Ors v Zeal 320 Ltd & Anor [pdf, 40 KB]

   ...allegations of unlawful lockout in the applications for interim and permanent injunctions, produced a ratified collective agreement. It was agreed that the present proceedings would be discontinued but no agreement was reached on costs. Zeal’s claims [4] Zeal sought an award of 80 percent of the actual costs incurred in respect of the interim hearing. Those costs were said to be $30,761.58 with GST and disbursements inclusive. In respect of the substantive proceed...

10. Holden v Hanns [pdf, 48 KB]

    WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI-2008-101-109 BETWEEN Alister Holden & Murray Bridge as Trustees of the Estate of Bruce Morris Claimants AND Vivienne Smitheram & Bernard McBride Claimants AND Peter Hanns trading as Hanns Builders & Joiners First Respondent AND Roger Walker Architects Ltd Second Respondent AND Wellington City Council Third Respondent AND Dion Bareta (REMOVED) Fourth Respondent AN...