Search Results

1. [2020] NZEmpC 137 Sinton v Coatesville Motors 2013 Ltd [pdf, 145 KB]

   ...was owed arrears of wages for an unlawful deduction made from his final pay as well as other monies. [9] An investigation meeting was scheduled for 29 November 2019. On 22 November 2019 Mr Sinton advised the Authority that he was withdrawing his claims except for his claim that the defendant had made an unlawful deduction from his final pay and other money was owing. The plaintiff attributes this decision to the difficulty he had faced identifying witnesses to alleged incidents, a...

2. Darby Trust v Auckland Council [2012] NZWHT Auckland 52 [pdf, 56 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000050 [2012] NZWHT AUCKLAND 52 BETWEEN VAUGHAN STUART DARBY AND MARY ANN DARBY as Trustees of the DARBY TRUST Claimants AND AUCKLAND COUNCIL First Respondent AND ANTHONY LAWRENCE ALLEN Second Respondent AND CEDRIC DUDLEY FRENCH Third Respondent AND DARYN MCDONALD (Removed) Fourth Respondent Hearing: 27, 28 and 29 August 2012 Appearances: S Wroe for the claimants. F Divich for the first r

3. [2014] NZEmpC 91 Peters v Housing New Zealand Corporation [pdf, 69 KB]

   ...defendant at its Porirua Call Centre. On 31 May 2013, he was summarily dismissed. He issued proceedings in the Employment Relations Authority (the Authority) claiming that his dismissal was unjustified. His claim was unsuccessful. He then filed a statement of claim in this Court challenging the Authority’s determination. 1 In response, the defendant filed an application seeking a declaration that the challenge had been filed out of time. That is the issue before the Court....

4. DW v VD [2016] NZDT 914 (11 May 2016) [pdf, 154 KB]

   ...VD misrepresent that fittings in the boat were new or in working condition inducing DW to purchase the boat? [5] Section 6 of the Contractual Remedies Act 1979 states that where a party to a contract has been induced to enter it by a false statement of fact (innocently or fraudulently made) he is entitled to damages. A buyer in a private sale has a responsibility to carry out due diligence before entering into a contract – that principle is called caveat emptor ...

5. [2010] NZEmpC 40 Wang v Hamilton Multicultural Services Trust [pdf, 13 KB]

   ...defendant stated that both the defendant and the plaintiff received a letter from the Employment Court dated 8 February 2010 acknowledging receipt of the statement of defence which should have put the plaintiff on notice. At this time the defendant claims it was unaware that the plaintiff had not received his copy of the statement of defence. [5] The Chief Judge, after a telephone conference callover held on 16 March 2010, noted that there was some confusion as to whether the defe...

6. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...[20] At a further telephone directions conference on 26 October 2022, Ms van Kleef told the Court she required an extension of time to complete an analysis of documents which, by then, had been provided by Alliance, and to draft a third amended statement of claim. In doing so, she said there were a number of “incorrect documents” provided to her, which had impeded progress. [21] Mx Hornsby-Geluk said that the position was unsatisfactory. It was submitted that a timetable sh...

7. Statement of Defence [docx, 37 KB]

   ...organisation’s role in proceedings, e.g. “plaintiff”, Enter the name of the organisation. The defendant says: Note: if there is more than one defendant, specify which defendant you are; e.g. “second defendant”. Here respond separately to everything claimed in the Statement of Claim. You must either admit or deny each individual allegation made in the statement of claim (but you do not need to address an allegation that affects another defendant, but not you). If you do not deny a...

8. HRRT Statement of reply [pdf, 386 KB]

   For more information visit www.justice.govt.nz/tribunals The Human Rights Review Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals HRRT 06/09 - 4 Office use only: HRRT NoStatement of Reply What is this form for? Use this form if you are a named as a defendant in a ‘Statement of Claim’ and wish to file a ‘Statement of Reply’ in response to the allegations made against you. Important Information 1. Please print in CAPITAL LETTERS 2. It is important tha...

9. BN & QN v KE & B Ltd [2021] NZDT 1629 (30 June 2021) [pdf, 234 KB]

   ...was not. (d) I find that KE has not fulfilled his obligations to QN and BN in respect of the WOF. Did KE misrepresent the condition of the vehicle by describing it as “a bit of wear and tear but a great ute”? 26. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed, upon which the purchaser relies, and which proves to be wrong. If a misrepresentation is proved, the purchaser is entitled to damages (com...

10. WXY v Attorney-General (Strike-Out Application) [2014] NZHRRT 37 [pdf, 59 KB]

    ...BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson, Member REPRESENTATION: Plaintiffs in person Ms M Coleman and Mr MJ McKillop for defendant DATE OF DECISION: 25 August 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the Attorney-General for an order striking out the whole of the statement of claim on the grounds: [1.1] The statement of claim does not allege the plaintiffs are being tr...