Search Results

1. ACR v ZXL and ZXK [2013] NZDT 140 (2 August 2013) [pdf, 75 KB]

   ...order; and that the Second Respondent, ZXK, is to pay the sum of $5,969.07 (being 60 per cent of $9,948.45 and being all insured loss) directly to BW Insurance Ltd within ten days of the date of this order. Facts [1] The parties to the claim were involved in a multiple nose-to-tail collision. ACR was third in a queue of six vehicles. The first slowed to turn into a driveway, the second came to an abrupt stop safely behind it. ACR came to an abrupt stop safely behind the s...

2. AG Ltd v SQ [2018] NZDT 1443 (30 October 2018) [pdf, 105 KB]

   ...sent MN text messages and attempted to visit both MN and SQ on separate occasions in 2016 and 2018. Fees for text messages, phone calls and visits were added to the amount outstanding and interest and default interest was also charged. 2. AG Ltd claims the sum of $1,477.18 from SQ, which is the total amount outstanding according to its statement. SQ did not attend the hearing. 3. The issues I am required to determine are: a. Is the contract between SQ and AG Ltd a consumer cre...

3. [2016] NZSSAA 50 (31 May 2016) [pdf, 44 KB]

   ...the outstanding balance was $27,765.17.8 There was no suggestion at the hearing that the appellant still owed $175,000 to her mother and stepfather. While the appellant says the accounting for the debt owed to her mother was contained in the bank statements, she has never provided a set of statements for the Fastsaver XXXX [17] We conclude that the claim made on behalf of the appellant, that there is little or no equity in the property at account from which she regularly made drawi...

4. [2020] NZEmpC 195 NewZealand Fusion International Ltd (in administration) v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 240 KB]

   ...applicants as a result of the statements being in evidence. In finding against the applicants, the judgment primarily relied upon evidence presented at the hearing itself, including Ms Guan’s own evidence. [24] These proceedings not only covered claims for pecuniary penalties, but also claims for banning orders and compensation to the complainants for wages and holiday pay owing to them for the performance of their duties during employment with the first applicant. In quantify...

5. NH v RA Trustees Ltd [2020] NZDT 1373 (11 November 2020) [pdf, 106 KB]

   ...the condition of materials in that length appears almost identical to the condition of the rest of the fence, so a full replacement of the fence is the only reasonable way to achieve an adequate fence on this boundary. 12. NH has also provided a statement from her fencing contractor stating “In many places posts and battens are rotten, some posts are supported with waratahs and steel pipes to keep the fence upright somehow. In my view the fence is beyond repair and needs to be replac...

6. DX & QX v T Ltd [2023] NZDT 215 (27 April 2023) [pdf, 99 KB]

   ...facts were not in dispute. In May 2020, the applicants purchased a [house], which had been constructed in the 1970s. Before completing the purchase, the applicants engaged T Ltd to carry out a building inspection. The report included the following statements: Overview Floor levels were carried out with a Zip level showing the levels are out however the house has been constructed this way ….. Levels We found an approximate difference of 76mm across the house. MBIE guidelines are 5...

7. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...Ling failed to meet her obligation to ensure only a licensed immigration adviser provide professional services, and she failed to comply with the Registrar’s requirement that she provide her client file. The Complaint [7] The Registrar filed a statement of complaint. The foundation of the complaint is an allegation by the complainant that: [7.1] On 6 August 2014, Immigration New Zealand declined the complainant’s application for a work visa, and the following day declined his appl...

8. [2024] NZEmpC 212 Kavallaris v Inframax Construction Ltd [pdf, 295 KB]

   ...Construction Ltd (Inframax). On 19 June 2024 Mr Kavallaris was dismissed for serious misconduct. Mr Kavallaris raised a personal grievance and sought orders in the Employment Relations Authority (the Authority) seeking both permanent and interim reinstatement. In its determination of 16 July 2024, the Authority declined the application for interim reinstatement.1 On 22 July 2024 Mr Kavallaris filed a challenge to that determination and sought urgency. A timetable for an early h...

9. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 537 KB]

   ...was not concluded until a subsequent meeting on 5 and 6 March 2014.2 When completed that agreement specified how the union and company would bargain for the collective agreement. [5] During the meeting on 5 March 2014 the union presented its claims to the company and provided a draft collective agreement. This draft included proposed remuneration based on the roles held by Jacks Hardware’s employees and how long they had held them for. [6] A fundamental disagreement emerge...

10. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

    ...Young’s cause of action in his statement of claim filed on 10 May 2011, it was nevertheless a challenge to a determination of the Employment Relations Authority issued on 12 April 2011.1 The Authority’s determination recorded that Mr Young’s claims appeared to be that he was dismissed constructively 1 [2011] NZERA Auckland 149. and unjustifiably, for which wrongs he was (and now in this Court, is) seeking2 reinstatemen...