Search Results

1. Form-209-Filing-a-financial-statement-of-judgment-debtor-organisation-FINAL-9-December-2024.pdf [pdf, 413 KB]

   ...• the money owed in a judgment or court order has not been paid • you can provide the required information for a financial assessment to be completed – as set out in Section C of this form. • you can only use this form to file one financial statement for one debtor. If you have more than one debtor, you must file a separate statement for each debtor. How is a judgment creditor able to file a financial statement for the judgment debtor? An example of this is when the judgment credi...

2. TE v OL [2024] NZDT 458 (28 May 2024) [pdf, 114 KB]

   ...not as to its quality. There is no evidence before me the vehicle is not the type described and the applicant only disagrees with its reliability. [20] Under the Act a misrepresentation is understood in its established sense of a false or erroneous statement of fact. The Act applies to misrepresentations, whether innocent or fraudulent, designed to induce a party to enter into a contract. Induced means that the respondent intended the applicant to act in a particular way or that he wilful...

3. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 136 KB]

   ...Applicator.............................. [35] VII. Liability of Maxi Holdings Limited, Sixth Respondent, Remediation Applicator ........................................................................................................... [37] Did the issuing of a producer statement create liability? ............................. [43] VIII. Liability of Mr Marchesan, Eighth Respondent, plasterer............................ [47] IX. Claim against Mr Moran, Eleventh Respondent, Employee of...

4. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...doubt in the Court's mind as to the right of the present trustees to bring an action in respect of al/eged defaults under the lease. 55 WAI 281 The plaintiff claims the sum of $13,876.98 plus GST on the grounds set out in an accompanying Statement of Claim. The Statement of Claim reads as follows - "1. This claim refers to the titles Te Whiti South 182 (Part). 183 (Part), 18582 (Part), 1C2F, 1C2G, 1C2H, and 3, leased by the Maori Trustee for 5 years from 1 May 1992, w...

5. LCRO 199/2015 PA v TD and RN (25 July 2018) [pdf, 127 KB]

   ...Background [2] The lawyers acted for Mrs OL and Mrs BE, Mr PA’s mother and sister respectively. In 2011, Mrs OL and Mrs BE, as executrix of her father’s estate, commenced proceedings against Mr PA and related companies, XYZ Ltd and STU Ltd. The claims brought against Mr PA had their origins in a transfer of XYZ Ltd shares from Mr PA’s parents in 1996. It was contended by Mrs OL and Mrs BE that the shares were transferred for less than their value. As a result, it was conte...

6. Re Dunstan (Rejection of Statement of Claim No. 3) [2024] NZHRRT 66 [pdf, 141 KB]

   ...DUNSTAN AT WELLINGTON BEFORE: Ms SJ Eyre, Chairperson REPRESENTATION: Ms T Dunstan, in person The intended defendant was not heard DATE OF DECISION: 12 December 2024 DECISION OF CHAIRPERSON REJECTING INTENDED STATEMENT OF CLAIM1 [1] In August 2023, Ms Dunstan presented a statement of claim for filing in the Tribunal against Dream Au Pairs, alleging interferences with her privacy in breach of the Privacy Act 2020 (the Act). [2] Ms Dunstan...

7. FP v UW LCRO 225 / 2010 (11 October 2011) [pdf, 99 KB]

   ...took place between FP, UW, and a member of UW staff (UV) on 12 September 2008, in which all aspects of the case were discussed. That resulted in UW firm (ABX Associates) being engaged to act on behalf of FP and FQ and their company to pursue a claim against ABW, and also to resist a claim by ABW against them. [10] It was made clear to UW that FP and FQ had limited funds to pursue a claim and could not fund extensive litigation. Instead, the strategy was to formulate the claim wh...

8. DF v VU [2014] NZDT 677 (8 September 2014) [pdf, 20 KB]

   ...registration costs for the period the truck has been off the road. The total claim is $15,000.00. [4] The relevant law is the law of contract and the Contractual Remedies Act 1979. The issues to determine are: [5] Did VU make any false or misleading statements about the truck prior to DF’s purchase? [6] Was DF induced into entering the contract by any false or misleading statements made by VU? [7] Are there any remedies available to DF? Did VU make any false or misleading s...

9. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...

10. [2023] NZEmpC 77 Halse v Hamilton City Council [pdf, 203 KB]

    ...resolves an application by the first plaintiff, Mr Halse, for judgment by default against the defendant, the Hamilton City Council. The application is made on the ground that the Hamilton City Council has failed to file a statement of claim. [2] For the reasons explained, Mr Halse’s application is dismissed. It could have been struck out. Mr Halse challenges a determination of the Authority [3] Mr Halse is dissatisfied with a determination of the Employment Relations...