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1. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

   ...for appointment of a special advocate is connected with document disclosure and will be dealt with immediately before that final topic. This hierarchy of dealing should allow a logical and categorical treatment of the plaintiff‘s very broad request for more information. Application for further particulars of statement of defence [10] The plaintiff seeks an order pursuant to reg 6(2) that the defendant provide, within such time as may be fixed, further and better particulars and a...

2. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   ...was given an early draft of my report, and my tables detailing the pre-emption waiver purchases, which he used in the early part of his report in particular. This chapter, while initially relying on John's framework, includes some additional information and, in parts, a change in interpretation based on knowledge gained through my research for the earlier chapters of this report. Pre-emption was one of the earliest practical expressions of British sovereignty. One of the key aspects...

3. [2019] NZEmpC 35 Elisara v Alliance New Zealand Ltd [pdf, 239 KB]

   ...insurance cover in breach of underwriting instructions. Mr Fearnley confirms that six of the 29 claims were identified as being in breach of the underwriting instruction; the others were identified as being compliant. He confirms that all documents requested by the plaintiff in relation to the residual 23 claims have been disclosed, whether assessed as relevant or not. Mr Fearnley also confirms that he has carefully reviewed each of the six claim files and has disclosed, with his...

4. GQ Ltd v OD Ltd [2022] NZDT 126 (19 August 2022) [pdf, 234 KB]

   ...caused during the tenancy and not a figure to improve the tenancy, for instance the quote to clean carpet preferred to the quote to replace carpet. Referee: P McKinstry Date: 19 August 2022 Page 5 of 5 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...

5. NL v EU & TJ Ltd [2021] NZDT 1589 (2 August 2021) [pdf, 102 KB]

   ...liable for 80% of EU’s loss, which equates to $5,312.13. EU is liable for 20% of NL’s loss, which is $1,000.00. The balance payable by NL is $4,312.13. Referee: J P Smith Date: 2 August 2021 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...

6. XN v LD & S Ltd [2023] NZDT 62 (17 January) 2023 [pdf, 196 KB]

   ...of any such actions by the applicant in this case and the fact a third party gave possession of the car to the first respondent is not enough to transfer title to the car. 7. The first respondent argued that he had checked publicly available information about the car and saw that it was not reported as stolen and there was no money owing on the car, and therefore was of the view that KG had a right to sell the car. However, at the point that the car was sold to the first respondent, t...

7. D Ltd v KL [2023] NZDT 684 (21 December 2023) [pdf, 119 KB]

   ...$1500.00 on or before Tuesday 30 January 2024. Reasons: 1. KL’s car had been vandalised and in lieu of write off he had settled with his insurer and was restoring it. In April 2022 he engaged D Ltd (the company) to spray paint the car and to perform some repairs, and paid $8212.15. KL provided the second hand parts, being two front fenders and four doors. 2. The company claims $1962.50 for legal costs. 3. KL claims $17,212.16, increased at the hearing from $8211.15. This...

8. BO v T Ltd [2025] NZDT 208 (11 July 2025) [pdf, 112 KB]

   ...inverter and cable box. T Ltd supplied a 5kW inverter because they did not have an equivalent 3kW model. f. In 2022 BO purchased 5 additional 460w solar panels. These panels were installed in January 2024. g. BO says that the system underperformed (compared with the set-up prior to 2021, which had a 3kW inverter) and she experienced problems with sudden battery drain and inverter shut-down. h. The system generates performance data which can be accessed remotely, for perform...

9. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...action in relation to Mr [ZA]’s complaints about Mr [YB]’s conduct was not necessary or appropriate, pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). Background [2] Mr [YB] acted for Ms [RI] and her husband, Mr [PK], as claimants in a claim (the claim) to the Weathertight Homes Tribunal (the WHT). A translator was involved to assist communication between Mr [YB] and his clients. Ms [RI]’s father, Mr [RI], was also involved in the claim process. The WHT...

10. DD v T Ltd [2024] NZDT 318 (15 May 2024) [pdf, 124 KB]

    ...company’s evidence that it had a no refund policy because: it provided evidence of how it notified and published its policy including: i. A4 signage in a stand on the counter where payments are made; and ii. I also accept that DD was given an A4 form to fill in, which had the title XX’s Membership and VIP Terms and Conditions, and that at number 5 of 13 brief terms, it made clear that: “The money deposited in [XX] is not refundable and can only be redeemed with XX’s products”....