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1. [2023] NZEmpC 77 Halse v Hamilton City Council [pdf, 203 KB]

   ...resolves an application by the first plaintiff, Mr Halse, for judgment by default against the defendant, the Hamilton City Council. The application is made on the ground that the Hamilton City Council has failed to file a statement of claim. [2] For the reasons explained, Mr Halse’s application is dismissed. It could have been struck out. Mr Halse challenges a determination of the Authority [3] Mr Halse is dissatisfied with a determination of the Employment Relations...

2. FF Ltd v BX [2024] NZDT 205 (24 January 2024) [pdf, 138 KB]

   ...to IL. Furthermore, if this was not the case, BX contends that IL was not introduced to the property by FF Ltd. Issues: Does clause 5.1.3 of the Sole Agency agreement between BX, TD and FF Ltd provide for the payment of a commission form the 27 January sale of the property by BX to IL, to FF Ltd? 6. Clause 1.0 of the Sole Agency agreement lists ‘TD + BX’s, as joint owners of the property as ‘the Client’ who appoints FF Ltd as the client’s real estate agent for...

3. EQ v G Insurance [2023] NZDT 428 (14 September 2023) [pdf, 188 KB]

   ...District Court [2023] NZDT 428 APPLICANT EQ RESPONDENT G Insurance The Tribunal orders: G Insurance Limited is to pay EQ the sum of $30,000.00 on or before 3 October 2023. Reasons: 1. In May 2022 the council performed a pool safety inspection on EQ’s swimming pool and failed it due to the fencing. EQ was required to empty the pool until the fencing was repaired. EQ emptied the pool on 28 May. On 11-13 June there was a heavy rain event, the pool li...

4. IX v HO [2024] NZDT 90 (28 February 2024) [pdf, 98 KB]

   ...to see any such evidence, no amount is awarded in regard to this part of the claim. 14. HO is to pay IX $1,200.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: M Wilson Date: 28 February 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

5. Le Lievre v Muriwhenua Incorporation - Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) [pdf, 303 KB]

   ...of the house section. [29] On 19 January 2001 the Incorporation met and granted the “residential section applications” of Awhina Adamson, Ronda Le Lievre and several others, and noted that the “applicants be advised to survey the area requested” (emphasis added). The minute also records in relation to Ronda’s application for a commercial area that, “Secretary to reply informing Rhonda that the Incorporation will be looking at an area specifically for the purpose of...

6. BS & WQ v K Ltd & ors [2023] NZDT 653 (2 November 2023) [pdf, 191 KB]

   ...suggestion made by K Ltd. I further take into account the [Lawn Services Company] pricing was for the complete grounds that K Ltd relied on were from 2021. I expect the cost for the area to be remedied would have increased from 2021 and without updated information am satisfied that the price for the complete lawn might be sufficient to cover the partial lawn that needs remedying. Therefore, I find that BS and WQ are entitled to claim $8,000.00 from K Ltd and T Ltd and the remainder of the...

7. IN & Ors v GU & J Ltd [2024] NZDT 719 (26 August 2024) [pdf, 127 KB]

   ...voicemail. The claim went ahead without GU. 4. I called J Ltd for the hearing. I spoke to C, who is the manager of J Ltd. He said that since the collision occurred (in August 2023) J Ltd is under new ownership, and he and the current owners have no information about this claim. He said the former owner of J Ltd, E, had been made aware of the claim, but is currently overseas. The hearing went ahead without J Ltd. CI0301_CIV_DCDT_Order Page 2 of 4 Did GU, by his negligen...

8. SM v KK [2024] NZDT 428 (17 May 2024) [pdf, 100 KB]

   ...of any duty owed to KK. 13. This means that KK is liable to pay the loss suffered by SM as a result of the incident and KK’s counterclaim is dismissed. Referee: R Merrett Date: 17 May 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

9. Family Fixed Fees Schedules July 2020 updated 28 October 22 [pdf, 482 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity Fe...

10. Falloon [2016] NZWHT Auckland 4 [pdf, 135 KB]

    ...RECONSIDERATION [8] Mr and Mrs Falloon have sought reconsideration of the eligibility decision by the chair of this Tribunal. [9] I have: (a) the application by Mr and Mrs Falloon, including their submissions set out on the application form. (b) the assessor’s report of 19 February 2016. (c) the chief executive’s decision of 6 May 2016. 3 [10] On 7 June 2016, at the request of the Tribunal, the assessor clarified that the deficient work allowing water penetratio...