Search Results

1. Protocol-for-BDMRA-091221.pdf [pdf, 191 KB]

   1 Protocol for the Family Court Process to Amend Gender Information on Birth Certificates Principal Family Court Judge Jacquelyn Moran 9 December 2021 What is the concern? There are an increasing number of applications being filed under Part 5 of the Births, Deaths, Marriages and Relationships Registration Act 1995 (“the Act”). These are applications to amend the gender reference on birth certificates. Currently there is no bespoke process in place to progres

2. D Ltd v P Ltd [2023] NZDT 569 (3 November 2023) [pdf, 195 KB]

   ...out investigations and reporting in accordance with the requirements of the Heritage New Zealand Pouhere Taonga Act 2014. 3. The property was subsequently purchased by P Ltd, part of the DC group of companies. DC signed a transfer of authority form (required under the Heritage New Zealand Pouhere Taonga Act) in September 2021 and D Ltd’s work continued. 4. Five of D Ltd’s invoices from August 2021 to October 2022 were paid, and two invoices totalling $19,429.26 remain unpaid....

3. Lealaiauloto-Saofaileta v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 209 [pdf, 257 KB]

   ...2013, the appellant suffered a crush injury to his left middle finger in an accident at work. ACC provided cover for this injury. [4] On 24 October 2013, damaged tissue was removed from the tip of the appellant’s finger and a skin graft was performed. After some initial bone infection (osteomyelitis), by December 2013 the finger had healed. [5] On 20 December 2013, Dr Sanders (Registrar to Mr Creagh, Hand Surgeon) reported to the appellant’s GP, Dr Hercock: His finger is hea...

4. ST v WJ Ltd [2021] NZDT 1702 (22 December 2021) [pdf, 179 KB]

   ...not intend to mislead the respondent. The applicant claims he was never asked about his criminal history and did not realise he had an obligation to disclosure it. The applicant claims, ED, the car dealer he purchased the vehicle from filed in the forms on his behalf. The applicant claims he was only asked to sign a one-page finance agreement and has no knowledge of any insurance documents ED may have provided to the respondent. [4] This claim has been previously considered by both UG Ltd...

5. DI v EL & N Ltd [2024] NZDT 81 (23 January 2024) [pdf, 134 KB]

   ...on the continuing road. CI0301_CIV_DCDT_Order Page 2 of 3 7. The collision occurred at the intersection of [Street 1] and [Street 2] in [Suburb 1] on a weekday morning at around 8-8.30am, during the normal “rush hour”. [Street 2] forms a T intersection with [Street 1]. [Street 2] is a terminating road and [Street 1] is the continuing road. 8. EL was on [Street 2] intending to turn right across [Street 1] to drive North towards [Suburb 2]. DI was driving down [Street...

6. DC v KN [2023] NZDT 309 (22 May 2023) [pdf, 178 KB]

   ...losses they have suffered as a result of the breach. The purpose of damages is to put the party suffering the loss back into the position they would have been in had the breach not occurred. 8. DC’s original calculation of the loss on the claim form was somewhat wide of the mark, and during the hearing she updated her claim. The number of weeks, from the time KN’s rent paid in advance expired to the end of the lease was 17 weeks. At $230.00 per week this amounted to $3,910.00...

7. NN v MF [2020] NZDT 1332 (18 June 2020) [pdf, 203 KB]

   ...dispute, as any terms must be incorporated and agreed before sign-up. Any terms sent after set-up are not incorporated into the contract. Was Ms F given adequate notice of the term? 9. As I cannot make a finding in this case that the term formed part of the contract with Ms F, I need not consider whether adequate notice was given of an incorporated term. Referee: J Robertshawe Date: 18 June 2020 CI0301_CIV_DCDT_Order Page 3 of 3 Informatio...

8. KB v O Ltd [2024] NZDT 192 (14 March 2024) [pdf, 203 KB]

   ...contract, and if so, what damages are reasonable? Was the kitchen design chosen by KB in December 2021, a variation to the contract? 5. I find that the L-shaped kitchen design selected by KB in December 2021 was a variation to the contract formed with O Ltd for purchase of the property. The L-shaped kitchen design, incorporating a double-doored fridge, was clearly offered as one of two options, by G on behalf of O Ltd in an email dated 14 December 2021. CI0301_...

9. ES & TS v HT & KT [2024] NZDT 257 (2 April 2024) [pdf, 188 KB]

   ...must decide are: a. Are ES and TS entitled to claim costs after the settlement? b. Did ES and TS mitigate their loss? c. Is the amount claimed reasonable? Are ES and TS entitled to claim costs after the settlement? 3. A contract is formed when two parties decide to exchange something of value. Contracts for the sale and purchase of property must be in writing and the terms of the written agreement are binding on both parties. In this claim ES and TS rely on Clauses 5.12 an...

10. S Ltd v M Ltd [2024] NZDT 249 (11 March 2024) [pdf, 182 KB]

    ...say January this year would have meant the arrival of the forklift some 3-4 months after the expiry of the 44 weeks. 10) In my view the “approx’’ 44 weeks began to run as from the date on which the quote was accepted, and the contract formed. This was 29 September 2022. As stated above, a period of 44 weeks from this date expired on 7 August 2023. Delivery in January would, on this basis, be about 5 months after the date of delivery indicated in the quote. I accept that the qu...