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1. Dunn v Accident Compensation Corporation (Strike out) [2024] NZHRRT 41 [pdf, 238 KB]

   ...Dunn filed this claim in Tribunal. [19] On 16 November 2022, ACC filed an application to strike out Mr Dunn’s claim. On the same day Mr Dunn filed a notice opposing the strike out application and, on 22 November 2022, Mr Dunn filed an amended statement of claim. Both parties have made submissions in relation to the strike out application on the basis of Mr Dunn’s amended statement of claim of 22 November 2022. Mr Dunn’s claim [20] Mr Dunn alleges ACC subjected him to vic...

2. Apostolakis v Gilbert (Late Interlocutory Applications) [2017] NZHRRT 54 [pdf, 238 KB]

   ...three documents as “applications”. Brief outline of case [3] For a brief period of time commencing in January 2011 Mr Gilbert, a lawyer practising in Wellington, acted for Mrs Apostolakis. Specifically, he prepared and lodged a Notice of Claim of Interest under the Property (Relationships) Act 1976. According to Mr Gilbert, this was on the strict understanding that if the claim proved to have no foundation Mrs Apostolakis would withdraw the claim. However, when she could not su...

3. BC v ME & PI [2024] NZDT 186 (14 March 2024) [pdf, 211 KB]

   ...[2024] NZDT 186 APPLICANT BC FIRST RESPONDENT ME SECOND RESPONDENT PI APPLICANT’S INSURER X Ltd The Tribunal orders: PI is to pay $7036.00 to X Ltd (being all insured losses) on or before 11 April 2024; and PI’s claim against ME is dismissed. Reasons 1. Three drivers were involved in two motor vehicle collisions outside [Location A] in March 2022. ME (driving a [Vehicle 1]) had turned right from a side driveway exiting [Location A]. There was...

4. Butcher v New Zealand Transport Agency (Joinder of Attorney-General) [2018] NZHRRT 52 [pdf, 173 KB]

   ...made: [18.1] The Attorney-General is to file and serve a statement of reply by 5pm on Friday 14 December 2018. [18.2] Discovery and inspection are to be provided on an informal basis by the parties by 5pm on Friday 15 March 2019. [18.3] Written statements of evidence to be called at the hearing by Mr Butcher are to be filed and served by 5pm on Friday 12 April 2019. By the same date Mr Butcher is to provide the defendants with a list of documents he wishes to have included in the co...

5. UH v EN [2022] NZDT 155 (13 October 2022) [pdf, 195 KB]

   ...that arise with the house after purchase, the purchaser must show that the vendor breached a legal obligation that the vendor owed to the purchaser. If the purchaser can show that a term of the contract has been breached, then damages for loss may be claimed. If the purchaser can show that an untrue statement was made, knowingly or unknowingly, by the vendor, which induced the purchaser to buy the property, then that might also give rise to a claim for damages. If the vendor was in trade...

6. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...The plaintiff claims that he was constructively dismissed from his employment as a police officer at the time he voluntarily disengaged from his employment (colloquially known as perfing)1 because of the actions of the defendant. He seeks reinstatement, loss of salary from the date of disengagement to his reinstatement plus interest, reinstatement of his superannuation entitlements, compensation, annual leave entitlements, and costs. The defendant claims that the...

7. [2009] NZEmpC CC 20/09 Industrial Services Nelson Ltd v Stewart [pdf, 23 KB]

   ...[3] As for ISNL, the Authority concluded that it had obstructed the investigation. The good faith report set out the background to the investigation and the problems it encountered in reaching a determination. These included: • ISNL’s statement in reply not being lodged until a month after the lodging of the statement of problem. • Protracted attempts by the mediation service to arrange mediation, after which the file was allocated to the Authority Member who directed the...

8. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...rust repairs in the undercarriage; (b) The purchasers then cleaned up the inside, and put on two second hand tyres, and relisted it for $2,200.00 without mentioning that it could not get a WOF due to rust. (c) The Facebook ad made the following statements (among other statements): “DRIVE AWAY!!”, “wof is just out”, Regularly serviced”, “runs and drives very good”, “used every day around lower hutt and wellington”, “everything works as it should”, “very respon...

9. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 250 APPLICANT NN RESPONDENT IQ The Tribunal orders: IQ is to pay NN $1500.00 by 22/12/2022 Reasons: 1. NN was offered a [car] from her friend IQ for $3500. They discussed aspects of the car and the deal and NN took it for a short test drive. 2. IQ told her the CV joint was faulty and she would have it replaced the

10. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

    ...to Ms Warin about a problem she was having. Ms Warin took Ms X to her office where Ms X said she did not want the plaintiff helping her with the cutting that day or at any other time. Ms Warin told Ms X she needed to know the reason for such a statement and Ms X told her that she felt the plaintiff was doing his utmost to stand as close to her as possible and to push past her at any opportunity he could. Ms X told her that she had asked the plaintiff, late the previous week, to s...