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1. BN & KN as trustees for the N Trust v I Ltd [2024] NZDT 188 (8 February 2024) [pdf, 182 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 188 APPLICANT BN and KN as trustees for the N Trust RESPONDENT I Ltd The Tribunal orders: The claim is dismissed. BN and KN are to pay I Ltd $2,827.56 within 28 days. Reasons [1] BN and KN claim from I Ltd, represented by TN, $2,697.07. The Ns say that this sum is owing for unprocessed [nuts] that were provided to I Ltd before th...

2. BC v KQ & EQ [2024] NZDT 146 (15 April 2024) [pdf, 193 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 146 APPLICANT BC RESPONDENT KQ SECOND RESPONDENT EQ The Tribunal orders: The claim is dismissed. Reasons: 1. BC previously travelled through New Zealand. In June 2023, before departing New Zealand, BC sold a car to KQ. BC and KQ agreed a price of $4,900.00 and details of a [Money Services transmitte...

3. Kettlewell & Anor as Trustees for the DS Day Trust v Crighton [pdf, 85 KB]

   ...First Respondents, but not the Third Respondent. BURDEN OF PROOF [13] WHRS proceedings tend to be less formal than litigation but nevertheless it needs to be confirmed that they are “civil” proceedings in which claimants must prove their claims to the civil standard of the “balance of probabilities” – what is more probable than not? The relevant legal principles, tortious and/or contractual, are applied to the preferred evidence. CLAIM [14] The jurisdictional basi...

4. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

   ...was the only witness called in support of her case. The defendant gave evidence on his own behalf and called two witnesses, being Ms JM McPherson and Dr AR Coates. The plaintiff’s evidence – overview [20] The plaintiff has filed: [20.1] A statement 48 pages in length (144 paragraphs). [20.2] A 23 page statement in reply to the brief of evidence filed by the defendant (93 paragraphs). [20.3] An 8 page statement in reply to the brief of evidence filed by Ms JM McPherson (32 pa...

5. Wang v Fu [2016] NZIACDT 38 (8 August 2016) [pdf, 109 KB]

   ...that he had instructions to do so. [1.4] He dishonestly told the Authority when responding to the complaint that he had lodged the request for reconsideration in time, and had instructions to withdraw the visitor visa applications. The Registrar’s statement of complaint alleges neither claim was true. [1.5] Mr Fu took lodgement fees for the reconsideration and later requests for discretionary relief; he failed to either pay the money to Immigration New Zealand, or refund the money....

6. [2013] NZEmpC 18 Pathways Health Ltd v Moxon [pdf, 112 KB]

   ...it says was the defendant’s unreasonable rejection of a Calderbank offer made prior to the Authority’s investigation meeting. The plaintiff seeks an award of costs in its favour of $9,000. Scope of the cross challenge [7] Included in the statement of defence was a cross challenge. As originally framed, this included an attempt to reopen the defendant’s claim for reimbursement of pre-litigation costs. In a directions conference, I drew to Ms Buckett’s attention that this...

7. [2007] NZEmpC WC 20A/07 Gaskin v Grenside [pdf, 32 KB]

   ...$600 in unfair dismissal costs. He concluded “I am willing to appear in court to back my objection as I dont think he should be driving a cab let alone own one.” These proceedings [7] Because of this e-mail, Mr Grenside brought another claim to the Employment Relations Authority, this time alleging that Mr Gaskin had breached the confidentiality provisions of the mediated settlement. He sought damages of $20,000, a penalty of $5,000, and payment of his costs. [8] Mr Gask...

8. [2016] NZCA 126 CA658/2015 The Commissioner of Salford School v Campbell [pdf, 125 KB]

   ...in the Employment Relations Authority. She made an application for interim reinstatement which was unsuccessful. In March 2014 she was dismissed. She then filed an amended statement of problem in the Authority raising four personal grievance claims against the appellant: (a) that she had been unjustifiably dismissed from her position as Principal; (b) that she had been disadvantaged by the way the complaint against her was investigated; (c) that there had been no substantiv...

9. DQ v IC [2023] NZDT 710 (17 December 2023) [pdf, 207 KB]

   ...and/or limitation statements were made about [the puppy]’s condition in the Agreement? b. Is [the puppy] of acceptable quality? c. If not, is DQ entitled to keep [the puppy] and obtain a refund of the purchase price of $5,000.00 as claimed? What warranty and/or limitation statements were made about [the puppy]’s condition in the Agreement? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend f...

10. [2018] NZEmpC 72 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 267 KB]

    ...for him together with a letter of instructions. [17] The content of this letter is material because it suggests familiarity with the application. It began: “… As suspected, Vic is pursuing me through the ERA for compliance”. It included statements, “This compliance issue is a blip…”, she had done something “cackhandedly” and, before stating she would follow his advice, “I think this has to be dealt with by late on Monday”. It was common ground that “Vic”