Search Results

1. Bailey v The Māori Trustee - Te Riri A Te Hore 2 (2014) 322 Aotea MB 67 [pdf, 156 KB]

   ...terms of the lease were properly enforced. The applicants sought damages to restore the land to a manageable condition, and acted to have themselves appointed as responsible trustees to replace the Māori Trustee. [4] The Māori Trustee denies the claims. Counsel submits that he had fulfilled both his contractual and equitable obligations to the owners and acted appropriately in respect of his trusteeship at all times. Further, the Māori Trustee argued that it had not damaged the...

2. [2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd [pdf, 206 KB]

   ...by an inexperienced employee. The 19 mm nail pierced the fluid sack around Mr Fredericks’s heart, a lung and liver. [2] The circumstances which followed the injury led to Mr Fredericks resigning from his employment with VIP. He commenced a claim in the Employment Relations Authority (the Authority) claiming he was constructively dismissed and had suffered disadvantage as a result of the unjustifiable actions of VIP. After a two- day investigation meeting the Authority held tha...

3. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

   ...Hearing: On the papers Appearances: Mr Bellamy in person Mr T Gee for the respondent Judgment: 27 January 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Costs Claimed by the Appellant at Review] ___________________________________________________________________ [1] The appellant appeals against the decision of the Reviewer dated 4 November 2019 in which the Reviewer refused to award costs to the ap...

4. FH Ltd v TS Ltd [2016] NZDT 1037 (26 September 2016) [pdf, 81 KB]

   IN THE DISPUTES TRIBUNAL [2016] NZDT 1037 BETWEEN FH Ltd [FH] APPLICANT AND TS Ltd [TS] RESPONDENT Date of Order: 26 September 2016 Referee: Referee Paton-Simpson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that TS Ltd is to pay the sum of $9,200.00 to FH Ltd on or before 6 October 2016. Once payment has been made, FH Ltd is to allow TS Ltd to collect the forklift at its own cost at a mutually convenient time....

5. EX v UC [2017] NZDT 1011 (24 May 2017) [pdf, 20 KB]

   IN THE DISPUTES TRIBUNAL [2017] NZDT 1011 BETWEEN EX APPLICANT AND UC RESPONDENT Date of Order: 24 May 2017 Referee: Referee: Perfect ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby dismisses the claim. Facts [1] Mr and Mrs EX purchased a clothes dryer from UB Limited ("UB") in April 2013. At the same time they purchased a 5-year extended warranty. The dryer has undergone three repairs during that time, onc...

6. Ward v Maccol Developments Ltd [pdf, 194 KB]

   CLAIM NO: 00823 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN PETER LOMAS WARD and HEATHER JOY WARD Claimants AND MACCOL DEVELOPMENTS LIMITED First respondent AND MARK JOSEPH COLLINSON Second respondent AND NORTH SHORE CITY COUNCIL Third respondent DETERMINATION CLAIM NO.00823 – WARD DETERMINATION.doc 2 INDEX INTRODUCTION...

7. UH v KT [2017] NZDT 1500 (12 April 2017) [pdf, 221 KB]

   ...agree that the fence needs replacing. UH and KT have served on each other a notice and cross notice in accordance with the Fencing Act 1978 (the Act). They have been unable to reach an agreement regarding the fence between their properties. 5. UH claims the sum of $2,288.00 for half the cost of a new fence between the properties. 6. The issues to be determined are as follows: a. Is UH responsible for damaging or destroying part of the fence? b. Is the existing fence an adequate fen...

8. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...otherwise be entitled to succeed on the death of that person’s parents or either of them. (3) Every order under subsection (2) of this section shall have effect notwithstanding anything in section 19 of the Adoptions Act 1955. Additional information: During the course of notifying parties of the application, James Paikea (9 February 2021 sent an email of his views of the applicants claim. On 3 February 2021, Angeline Peakman filed an affidavit (email form) disputing the applic...

9. [2024] NZEmpC 186 Al-Bustanji v Corrections Association of New Zealand Inc [pdf, 169 KB]

   ...ASSOCIATION OF NEW ZEALAND INCORPORATED [2024] NZEmpC 186 [27 September 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 186 EMPC 144/2024 IN THE MATTER OF an application for judicial review AND IN THE MATTER OF an application to strike out pleadings BETWEEN ALADDIN AL-BUSTANJI First Applicant AND GLEN JENNER Second Applicant AND CORRECTIONS ASSOC...

10. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

    ...This Fourth Annual Report, required by Schedule 2, s 23(3), covers the period from 1 July 2022 to 30 June 2023. [2] The Tribunal’s purpose is to provide fair, speedy, flexible, and cost-effective services for resolving disputes about insurance claims for physical loss or damage to residential buildings, property, and land arising from the Canterbury earthquakes. The Tribunal has now had four years’ experience handling and resolving claims and has developed robust processes to r...