Search Results

1. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...misrepresentation made in the sale of the Car? c. If so, is ML entitled to return the Car and receive compensation of $6,149.50? Was a misrepresentation made in the sale of the Car? 5. When discussions occur between parties prior to a contract being made, statements made by a seller can be relied on and can amount to a misrepresentation, if they are false. This law is found in section 35 of the Contract and Commercial Law Act 2017 (“CCLA”). This section says CI0301_CIV_DCD...

2. [2020] NZEmpC 121 KAG v HST [pdf, 217 KB]

   ...struck by granting a stay, subject to the condition that money is paid to a stakeholder or the Registrar of this Court. Challenge rendered ineffectual? [7] It is common ground that HST made a demand for payment on 23 April 2020 accompanied by a statement that a statutory demand would follow if she was not paid. A statutory demand has not been issued and the Authority’s orders remain unsatisfied. [8] In supporting the application for a stay Mr Lovely, counsel for KAG, conc...

3. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...trust’s assets the bank “would release its only security without receiving” Mr JQ’s boat loan “owed to the bank under the guarantee”. (d) Obtaining further instructions [43] Mr DO submits he “had no reason to believe [the bank] was claiming any amount it was not due”. In his mind it was “reasonable in all the circumstances to rely on [the bank’s] repayment statement”. He says the “alarm was not raised” for him by reading “together” the consent memoran...

4. Memorandum Directions.pdf [pdf, 549 KB]

   ...thematic and future-focused approach. This may be contrasted with previous Tribunal practice and procedure, particularly in district inquires under the New Approach adopted in 2001, which have tended to be structured around, and focused on, responding to statements of claim and determining the corresponding historical Crown breaches (if any). Thematic approach 13. The Pou Report notes that the claim issues before this inquiry are, by their nature, thematic issues that affect all tangata when...

5. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...publication of any identifying details and references to OJI’s name and medical information on a permanent basis.17 [16] The determination was issued to the parties under a standard form email sent by an applicable Authority officer, which included a statement that if either party was 12 At [46]. 13 At [47]. 14 At [48]–[53]. 15 At [56]–[57]. 16 At [58]. 17 At [80]–[82]. unhappy with the determination, they had 28 calendar days to challenge it to the Emp...

6. Consolidated Practice Directions 2016. [pdf, 139 KB]

   ...Act 2000, its inherent powers as a court of record and on the provisions of the Courts (Remote Participation) Act 2010. The Practice Direction will be reviewed after a reasonable time of its operation and may be amended accordingly. 5 3. Statements of defence to amended statements of claim 1. Following the practice of the High Court under High Court r 7.77, the following time limits apply to the filing of a statement of defence to an amended statement of claim. 2. Subje...

7. [2015] NZEmpC 103 Whanau Tahi Ltd v Dasari [pdf, 90 KB]

   ...March 2015, however, s 70(1) of the Employment Relations Amendment Act 2014 altered s 179(1) to read: “… who is dissatisfied with a written determination”. Authority’s determination having been delivered on 17 November 2014, the statement of claim filed by Whanau Tahi on 17 December 2014 was not filed within the 28 days allowed for Whanau Tahi to do so under s 179(2) of the Employment Relations Act 2000 (the Act). [7] That memorandum objecting to the Court’s juri...

8. 2009-10 to 2011-12 Ministry of Justice statement of intent [pdf, 528 KB]

   Ministry of Justice Statement of Intent 2009/10 – 2011/12 Presented to the House of Representatives Pursuant to section 39 of the Public Finance Act 1989 This document has been printed on paper sourced from legally harvested and sustainably managed forests. The paper has been produced without the use of chlorine and the inks used are v...

9. [2012] NZEmpC 215 NZ Language Centres Ltd (formerly GEOS NZ Ltd) v Page [pdf, 251 KB]

   ...then listed 12 matters on which Mr Maserow stated he would “like to hear your response”. [39] The 12 th matter was an allegation that a number of Mr Page’s colleagues had lost trust and confidence in him, and was supported by attached statements from those persons. The letter then stated: The company is concerned that the conduct … may constitute such gross underperformance and mismanagement so as to amount to serious misconduct. If I find that as a result of your a...

10. [2018] NZEmpC 88 Lorigan v Infinity Automotive Ltd [pdf, 321 KB]

    ...INTERLOCUTORY JUDGMENT (NO 3) OF JUDGE B A CORKILL: APPLICATION FOR JOINDER Introduction [1] This interlocutory matter resolves an application for joinder in anticipation of a substantive hearing scheduled for 3 September 2018. [2] Contrary to statements made by Mr Lorigan in the operative statement of claims filed in this Court that at all material times Infinity Automotive Ltd (Infinity) was his employer, he now wishes to assert otherwise. He argues that four companies...