Search Results

1. [2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd [pdf, 245 KB]

   ...“expression” to be an offer in contract law terms, the offeror must indicate an intention to be legally bound. [48] In Buhrer v Tweedie, referred to by the Authority, Wilson J considered the issue of a conditional offer, agreeing that: 18 A statement is clearly not an offer if it expressly provides that the person who makes it is not to be bound merely by the other party’s notification of assent. [49] In a general sense, the Act departs from a strictly contractual approach to...

2. Lee v Napier City Council [2010] NZWHT Auckland 8 [pdf, 295 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-101-000013 [2010] NZWHT AUCKLAND 8 BETWEEN PETER DEVON LEE and ESTELLE MARY LEE Claimants AND NAPIER CITY COUNCIL First Respondent AND WARREN RICHARD THOMPSON, MARGARET JEAN THOMPSON and MEGAN CLARE MACDONALD as trustees of the ARKLOW TRUST Second Respondents AND ANGUS CHARLES BEATTIE Third Respondent AND JULIE MARIE BEATTIE Fourth Respondent AND ANGUS CHARLES BEATTIE, JULIE MARIE BEATTIE, STEPHEN ALEXANDER GRE

3. [2021] NZEnvC 009 Goodwin v Wellington City Council [pdf, 2.1 MB]

   GOODWIN v WELLINGTON CITY COUNCIL BEFORE THE ENVIRONMENT COURT AT WELLINGTON I MUA I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2021] NZEnvC 9 IN THE MATTER of an appeal under s 120 of Resource Management Act 1991 BETWEEN D GOODWIN, F CLOSE, P OLVER & C HORROCKS (ENV-2020-WLG-000007) Appellants AND WELLINGTON CITY COUNCIL Respondent AND WELLINGTON ZIPLINE ADVENTURES LIMITED Applicant Court: Environment Judge B P Dwyer Environment C

4. AU v ACC (Personal Injury) [2024] NZACC 098 [pdf, 466 KB]

   ...June 2024 Held at: Wellington by AVL Appearances: The Appellant is self-represented J Sumner for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims for personal injury - ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 12 June 2023. The Reviewer dismissed applications for review of: 2...

5. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

   ...[23] LSG NZ’s notice of opposition responded first to the three categories of documentation which are sought. [24] As to the request for certain invoices, it stated that the fees charged in the Borchardt invoices do not form part of LSG NZ’s claim for costs since the hearing. However, the Goodwin Yellop invoices could be provided. [25] As to the application for further and better discovery, brought for the purposes of Mr Hay’s application for joinder of LSG Asia, LSG NZ state...

6. LCRO 217/2017 PY v SD [pdf, 395 KB]

   ...property, (2) personal care and welfare, Mrs LM to Mr CM, Mrs PY, both dated 24 July 2013. 3 Complaint [11] Mrs PY lodged a complaint with the New Zealand Law Society Complaints Service (NZLS) on 14 June 2017. Capacity issue [12] Mrs PY claimed that when Mr SD acted for Mrs LM on the creation of the 2016 personal care and welfare EPA, the creation of the 2017 property EPA and the revocation of the 2013 EPAs, Mrs LM lacked the capacity to sign those documents. [13] She...

7. [2019] NZEmpC 190 Maddigan v Director-General of Conservation [pdf, 304 KB]

   ...statutory test. I conclude that a fair and reasonable employer could have formed the view that Mr Maddigan’s actions amounted to serious misconduct justifying dismissal in all of the circumstances. Disparity of treatment [51] Mr Maddigan claims that his dismissal was unjustified for disparity of treatment. The approach is:8 (a) Was there disparity of treatment? (b) If so, is there an adequate explanation for the disparity? (c) If not, was the dismissal justified, no...

8. [2007] NZEmpC WC 31/07 The Wellesley Ltd v Adsett [pdf, 58 KB]

   ...to get out of bed and was put on another course of Prozac. He did not produce any medical evidence to support this but it was not challenged as to its substance. [61] Mr Adsett sought $7,000 compensation in the Authority but in the amended statement of claim filed by different counsel in the Court his claim was increased to $10,000. Ms Fleming submitted that the Authority’s award of $6,000 was, in all the circumstances, disproportionately out of line with other awards made by...

9. Director of Proceedings v Campbell [2015] NZHRRT 10 [pdf, 574 KB]

   ...to the aggrieved person that complied with legal, professional, ethical, or other relevant standards. 3. The defendant consents to the Tribunal making the above declaration based on the facts set out in the agreed summary of facts. 4. In the statement of claim the plaintiff also sought the following relief: (a) damages pursuant to s 57(1); and (b) costs. 5. These other aspects of the relief claimed by the plaintiff have been resolved between the parties by negotiated agreement. T...

10. Supplementary Report on Claim by David Cullen Bain for Compensation for Wrongful Conviction and Imprisonment [pdf, 861 KB]

    THE HON IAN CALLINAN AC FURTHER REPORT DAVID CULLEN BAIN - CLAIM FOR COMPENSATION FOR WRONGFUL CONVICTION AND IMPRISONMENT Preliminary Matters 1 A. The circumstances in which, and the bases upon which Lmakethls' Fl11itlier Report appear from the c011'espondence which has passedbetWe~n t~¢/ Applicant, the I '/ '" ~ ,~ palties, others and me. Schedule 1 is a list of thereleVat?:t c01'l'e$pbndence so far as I am aware of it. Included in that list...