Search Results

1. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   ...advanced the view that the proceedings were fatally flawed by the wrongly named plaintiffs, the judicial settlement conference did not proceed as such and further directions were simply made by consent. One of these directions was for a fifth amended statement of claim to be filed prior to Christmas. The preparation of this document came to be one of the more contentious pieces of evidence before us. [15] While McMahon Butterworth replied, indicating that they had referred the matt...

2. TC & TD v NV LCRO 255 / 2011 (14 January 2013) [pdf, 138 KB]

   ...email dated 16 January 2009 and letter dated 17 February 2009. The correspondence between us seems to have reached a stalemate. We now propose that: We write off the outstanding bill of costs 3 That you accept that you have no claims against us either personally through your company or your family trust That you will be entitled to pursue a claim against [CBX] for the apportionment of ground rent amounting to $1,537.50 through the Disputes Tribunal if you wish...

3. Lee v Auckland Council [2016] NZWHT Auckland 2 [pdf, 317 KB]

   ...out a pre-line plumbing and drainage recheck and a post-line inspection of the first floor. These inspections were passed. [12] On 29 November 2002 the Council passed a post-line inspection of the ground floor. On the same date a producer statement for the Styroplast system (cladding and flashings) was signed by Lai Fook Choy on behalf of CFK Plasterers Ltd. [13] On 22 April 2003 the Council failed the final inspection and issued a field memorandum noting items requiring co...

4. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...defendant Judgment: 9 July 2018 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Mrs Sandra Marx was employed by the Southern Cross Campus Board of Trustees (SCC) as a Resource Teacher of Learning Behaviour (RTLB). She claims that she commenced such employment on 25 November 2011. SCC agrees that she accepted an RTLB position in November 2011 but was to commence employment on 25 January 2012, and she did so. [2] Mrs Marx is highly qualified, having grad...

5. Waitangi Tribunal Guide to Practice 2023 [pdf, 900 KB]

   ...Comprehensive Practice Note Issued under Clause 5(9) and (10) of Schedule 2 to the Treaty of Waitangi Act 1975 This Guide replaces the following practice notes : . ‘Mediation’, 18 September 1990 . ‘Translations’, 29 June 1991 . ‘Claim Terminology’, 1 July 1991 . ‘Claim Priorities’, 18 July 1991 . ‘Negotiations and Settlements’, 22 August 1991 . ‘State Enterprise and Education Lands’, 5 September 1991 . ‘Procedure’, 1 November 1990 . ‘Relationships...

6. HRRT Statement of claim under the Health & Disability Commissioner Act [pdf, 422 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 - 2 Office use only: HRRT No Statement of Claim (under the Health and Disability Commissioner Act 1994) What is this form for? Use this form if you have a claim under Section 51 of the Health and Disability Commissioner Act 1994. Important Information 1. Please print in CAPITAL LETTERS 2. You need to file this claim for...

7. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...to be removed from the intituling to these proceedings. [4] As to the first point (that the claim is barred by the HDCA), Ms Ashworth has since stipulated that in these proceedings she is seeking exemplary, not compensatory damages. An amended statement of claim will be required to make this clear and to provide adequate particulars of the grounds on which it is alleged that in terms of HDCA, s 57(1)(d) there was “any action of the defendant that was in flagrant disregard of the righ...

8. [2015] NZEmpC 3 Fletcher v Sharp Tudhope Lawyers costs [pdf, 73 KB]

   ...October and 22 November 2014 Appearances: D Fletcher, plaintiff in person P A Caisley, counsel for defendant Judgment: 8 January 2015 COSTS JUDGMENT OF JUDGE CHRISTINA INGLIS [1] I struck out the plaintiff’s statement of claim by way of judgment dated 26 September 2014, and dismissed the plaintiff’s application to strike out the defendant’s statement of defence. 1 At the conclusion of my judgment I made timetabling orders for the exchange o...

9. TC v CC [2024] NZDT 470 (13 June 2024) [pdf, 139 KB]

   ...where a party is induced to enter into a contract by a misrepresentation, they are entitled to damages as if the CI0301_CIV_DCDT_Order Page 3 of 4 representation was a term of the contract that had been breached. A misrepresentation is a false statement of fact and may be innocent or fraudulent. 22. I find there was no misrepresentation about the bedroom. In general, silence does not amount to a misrepresentation and there is no evidence that any specific statements were made...

10. Re Puia (Rejection of Statement of Claim) [2023] NZHRRT 29 [pdf, 158 KB]

    ...WELLINGTON BEFORE: Ms Sarah Eyre, Chairperson REPRESENTATION: Mr C Patterson for the intended plaintiff, Ms Puia The intended defendant was not heard DATE OF DECISION: 25 September 2023 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 [1] On 26 April 2023, Ms Puia presented for filing in the Tribunal a statement of claim (on the official claim form) purportedly filed under s 98 of the Privacy Act 2020 (the Act). [2] The...