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1. DT v BQ Ltd [2022] NZDT 22 (15 February 2022) [pdf, 183 KB]

   ...innocent or fraudulent, made by another party to that contract they are entitled to damages in the same manner and to the same extent as if the representation was a term of the contract that had been broken. 5. Under the law, a representation is a statement of fact made during the course of negotiations before a contract is made. A misrepresentation arises where a false representation has been made. For a false representation to give rise to an action in misrepresentation it must be a...

2. [2025] NZEmpC 133 Burgess v Tutton Sienko and Hill Partnership (Interlocutory Judgment (reissued) of Judge KG Smith 1 July 2025) [pdf, 200 KB]

   ...defendants Judgment: 28 May 2025 Reissued: 1 July 2025 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH (Application for security for costs) [1] On 29 October 2024, the Employment Relations Authority dismissed all of the claims by Gary Burgess against his former employer, Tutton Sienko and Hill Partnership.1 1 Burgess v Tutton Sienko and Hill Partnership [2024] NZERA 641. [2] Mr Burgess started work for the partnership in September 2003 as a...

3. ENVC Hearing 6Oct14 WML rebuttal Pita Rikys [pdf, 99 KB]

   ...foreshore, they actually came from the Northern bay edge. I was also present at that event. Nor does it deal with a later re-burial sourced from the same location and re-buried at the same spot chosen by the roopu referenced. 10. Finally waahi tapu claims for the whole of Matiatia Bay by the witnesses for the Piritahi Marae usurp the role of Mana Whenua in this regard. As reinforced in the caucus of witnesses, it is for the Mana Whenua, Ngati Paoa and in particular the hapu from...

4. [2014] NZEmpC 81 Kellerman v Stoneware 91 Limited t/a Swtiched On Gardener [pdf, 60 KB]

   ...determination as to costs, and having regard to the quantum of the amount at issue, it is in the Court’s assessment that the interests of justice require the Court to consider the issues raised. [13] Accordingly leave is granted to file the statement of claim out of time. Conclusion [14] The following directions are made: (a) The applicant is to file and serve his statement of claim within 14 days of the date of this decision. (b) The statement of defence is to...

5. NO v ST [2023] NZDT 80 (6 July 2023) [pdf, 262 KB]

   ...significantly with each one. 12. The Respondent failed to come to inspect the damage to the sink. The Respondent has acknowledged that the cleaner called him from the Applicant’s home during the job and was upset. However, the Respondent now claims that the cleaner was upset because she observed scratches in the sink, not because she caused them, and that she couldn’t see the bottom of the sink due to the heavy layers of soap and toothpaste residue in the sink and that the cleaner...

6. ZYX v NorthAble Disability Services (Strike-Out Application) [2014] NZHRRT 30 [pdf, 47 KB]

   ...Ms GJ Goodwin, Member Mr BK Neeson, Member REPRESENTATION: Plaintiffs in person Mr RJ Harte for first defendant Ms M Coleman and Mr MJ McKillop for second defendant DATE OF DECISION: 5 August 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM 2 The application [1] This is an application by NorthAble Disability Services (NorthAble) and the Attorney- General for an order striking out the whole of the statement of claim on the grounds that the Tribunal...

7. EMPC Form 4 - Example statement of defence [pdf, 401 KB]

   ...Example Street Central City Wellington Second Defendant http://www.legislation.govt.nz/regulation/public/2000/0250/latest/link.aspx?id=DLM2034754#DLM2034754 To the plaintiff And to the Registrar of the Employment Court Statement of defence 1. I, Joe Bloggs, am the first defendant and managing director of the second defendant in this matter. 2. I deny that the plaintiff, Jane Smith, was unfairly dismissed. 3. I address the particulars raised by the p...

8. [2023] NZREADT 32 UM v REAA (3 November 2023) [pdf, 298 KB]

   ...rental holiday during the COVID-19 lockdowns of $9,405.15, so the annual rent in the 12 months prior to the auction was $39,656.85, not $49,062. [8] The Tribunal found that Mr Gow’s representation concerning the net annual rent was a positive statement as to not just the contractual rent, but also the actual rent paid in the recent past. This representation was incorrect and misleading. The misrepresentation was found to be innocent, not deliberate deceit. It amounted to a...

9. LCRO 359/2013 SW v LM [pdf, 212 KB]

   ...such submissions. There were no reasonable grounds for Mr LM’s submission and, therefore, I believe that Mr LM’s submissions were unwarranted, irresponsible, unnecessary and in breach of Rule 13.8. There were numerous other extravagant claims made my (sic) Mr LM in his closing submissions that were not supported by evidence. However my concern primarily relates to the claims made by Mr LM about my family that had no relevance to the issues before the Court and in light of thei...

10. BF v BN [2021] NZDT 1412 (1 April 2021) [pdf, 190 KB]

    ...Commercial Law Act 2017 states that where a party is induced to enter into a contract by a misrepresentation, they are entitled to damages as if the representation was a term of the contract that had been breached. A misrepresentation is a false statement of fact. A misrepresentation may be made either fraudulently, or innocently. In other words, the person making the false statement does not necessarily need to know that it is false for it to be a misrepresentation. 7. BF stated th...