Search Results

1. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...are defined in the CGA? 10. The test for acceptable quality is whether a reasonable consumer would consider the horse was acceptable, having regard to the price paid, the nature of the vendor and the context in which the horse was supplied, any statement made about the horse, and all other relevant circumstances of the supply (s7). 11. The test for fitness for purpose is whether the horse was reasonably fit for racing, unless the circumstances show that the purchaser did not rely o...

2. [2017] NZEmpC 28 Rossiter v AFFCO New Zealand Ltd [pdf, 158 KB]

   ...Workers and Related Trades Union Inc (the Union), of which Mr Rossiter is a member. 1 1 Rossiter v AFFCO New Zealand Ltd [2016] NZERA Wellington 108. Background [2] In his statement of problem lodged in the Authority, Mr Rossiter claimed he was dismissed by AFFCO when it failed to engage him for the 2015/2016 season at AFFCO’s Wairoa plant. [3] Mr Rossiter says that he was employed at Wairoa on an individua...

3. [2013] NZEmpC 96 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 96 KB]

   ...provisions of sub part 1 of Part 6A in the Employment Relations Act 2000 (the Act). The plaintiff was successful in this aspect of the litigation and costs were reserved. [2] In a subsequent judgment issued on 21 December 2012 2 the plaintiff’s claim for compensation under s 123(1)(c)(i) of the Act for distress, humiliation and injury to feelings as a result of the disadvantage in not being transferred to LSG’s 1 [2011] NZEmp...

4. Adams v Easthope [2010] NZWHT Auckland 35 [pdf, 65 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000091 [2010] NZWHT AUCKLAND 35 BETWEEN PETER JAMES ADAMS AND SUSAN MARGARET ADAMS Claimants AND TERENCE EASTHOPE First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND RONALD STEVENSON Third Respondent AND MICHAEL RAMSEY Fourth Respondent Hearing: On the papers Appearances: T J Rainey for the claimants No appearance by first respondent P Robertson for second respondent P T Cavanaugh QC f

5. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...October 2020. However, it did not wipe the invoices entirely, and charged for an estimated amount of water the tenants would have used during those months. SJ and NY believe that the amount charged for estimated water use is excessive. 2. SJ and NY claim the sum of $5,000.00, for a declaration of non-liability on the outstanding invoice of $1,056.80, plus damages for upset, stress and time spent resolving this matter. 3. XT Ltd attended the first but not the second hearing. 4. T...

6. UG v NI & II [2022] NZDT 50 (24 May 2022) [pdf, 145 KB]

   ...absence of a signed receipt, an identical style of receipt slip and/or receipt numbers in close sequence could have led to the inference that the second payment was made, but that is not the evidence available. 10. Further UG has provided bank statement evidence of withdrawals for the two undisputed payments but not for the disputed payment, although even if she had such evidence, the bank statements do not show who the payments were made to. 11. Due to the conflicting verbal eviden...

7. [2012] NZEmpC 118 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...legal professional privilege was claimed. However, the email enclosure of 14 April 2008, for which no legal professional privilege is claimed, is not separately listed or referred to in the defendant’s list of documents. [6] The defendant now claims that it has been unable to find the 14 April 2008 email. However, Mr Coltman, for the defendant, conceded that it should have been separately listed as a document which had once been in the defendant’s possession, custody or contro...

8. [2025] NZEmpC 82 A Labour Inspector of MBIE v Dao (Judgment (No 2) [pdf, 206 KB]

   ...Inspector of the Ministry of Business, Innovation and Employment [2025] NZEmpC 73. [7] The purpose of freezing orders is to prevent the dissipation or diminution of assets. It is not to operate as a penalty in relation to as yet unproven claims. Nor should they unreasonably impinge on the rights of third parties. [8] As is normally the case, orders were made allowing the release of funds to meet day-to-day living and business expenses, as well as legal expenses. However, th...

9. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   · PAGE 1 · All sorts of court cases can require people to give evidence as a witness to help establish the truth of the claims being made. We are most familiar with the criminal law situation where someone charged with an offence pleads not guilty and a trial is held to try to prove the charge. Witnesses, usually including any complainants involved, provide information about what happened or about some other aspect of the case – either for the prosecution or for the defence. How...

10. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

    ...judgment and on the Court’s file. The Employment Relations Authority’s determination [6] I now move to the substance of the plaintiff’s application. By a determination after receiving written submissions, the Authority dismissed AFT’s claim for compensation for unjustified constructive dismissal and for what AFT described as the respondent’s “deceptive and abusive/bullying conduct around mediation”. [7] Although the applicant’s proceeding was a personal grievanc...