Search Results

1. [2022] NZEmpC 210 Potgieter v Bliss Beauty NZ Ltd [pdf, 162 KB]

   ...the circumstances, an extension to the current orders was sought, to 5.00 pm 30 November 2022. The extension is made by consent. [3] The following orders are accordingly made: (a) The freezing and ancillary orders are extended in their present form until 5.00 pm 30 November 2022. After that time they will lapse unless further extended or varied. (b) If, following discussions between counsel, the matter is not resolved, a further hearing date is to be allocated promptly for t...

2. [2017] NZEnvC 152 Auckland Council v Chen Hong Co Ltd [pdf, 395 KB]

   ...Jiawen Mao and Ee Kuoh Lau (Augustine Lau) jointly and severally. [2] The Interim Decision was subject to the rider that before the Court finally made the costs award the Council was to provide invoices pertaining to legal and witness costs which formed the bulk of the claim. Such invoices had not been included in the documents supporting the costs claim. [3] The Council has now lodged the requested invoices with the Court, together with an explanatory memorandum. I have examined...

3. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

   ...the cracked benchtop with the same sort. The new benchtop does not match the remaining benchtop. The applicants are claiming for the cost of replacing the cracked bench top and the cost of a new matching bench top. 6. It was not disputed that a former company called S produced the original benchtop and that it was 6mm to 8 mm thick with a backing board. It was a benchtop veneer as an alternative to expensive benchtops which are traditionally imported from [Country]. 7. The benchtop...

4. UC and NT Family Trust v TT Ltd [2020] NZDT 1497 (11 August 2020) [pdf, 137 KB]

   ...therefore would have made a windfall. 6. KC says they had a settlement and referred to email exchanges between UC and TT Ltd. I have considered the email exchanges and find that there was a settlement. Settlement agreements do not need to be formal. In particular the email from TT Ltd to UC dated 30 April 2020 saying they accept the abatement amounts offered being; 0% for Outgoings at all Alert levels 60% for days in Alert level 4 $115.70 + GST per day 15% for days in Alert level...

5. Director of Proceedings v Oceania Care Company Ltd [2022] NZHRRT 8 [pdf, 923 KB]

   ...Commissioner recommended that Oceania apologise to the man’s family; arrange training on resident care planning and pressure area risk assessment and management; conduct an audit of completion of long-term person-centred care plans and monitoring forms; review its restraint policy to provide guidance on pressure relief monitoring while restraints are in use; and provide evidence that the facility staff are aware of the statutory obligations for reporting pressure areas. 6. Oceania was...

6. TN v N Ltd [2023] NZDT 596 (23 November 2023) [pdf, 149 KB]

   ...authorised third parties must not attempt to repair the product. Examples of faults which are not included in the warranty Damage caused by water seepage from using a high pressure washer or from being submerged underwater, for example when heavy rain forms pools of water damage. Damage caused by lightning damage Damage caused by improper battery storage or battery handling damage caused by using a battery that is not [lawn mover] original battery damage. Damage caused by not using [l...

7. ENV-2017-AKL-000119 Federated Farmers of New Zealand v Auckland Council [pdf, 2.5 MB]

   ...such can be included in the proposed plan. GMOs are managed under the Hazardous Substances and New Organisms Act 1996. Under that legislation, central government has established a specialist agency, the Environmental Protection Authority (EPA), (formerly the Environmental Risk Management Authority, ERMA), which has responsibility for GMOs as such, and which is required to assess the risks inherent in the release of any GMOs. Once this is done and a GMO approved for release, then it is...

8. Trustees of Taurewa 5 West Trust - Taurewa 5 West (2003) 128 Aotea MB 201 (128 AOT 201) [pdf, 79 KB]

   ...19,20/93 DECISION AS TO COSTS Minute Book:128 AOT 201 This civil action was hard fought and had dragged on for years through a series of hearings and orders. This order for costs is not made in relation to those hearings of course but they form the backdrop to the proceedings. It is clear that the Respondents were prepared to take every technicality open to them and it was only at the very last moment they consented to judgment because it became apparent to them that their defen...

9. [2012] NZEmpC 66 Hepburn v Huhtamaki Henderson Ltd [pdf, 43 KB]

   ...determinations of the Authority issued in November 2011. 3 [3] Ms Kennedy requested that the order presently sought be issued as an amendment to my earlier order in the above entituled proceeding but the determination dated 17 April 2012 does not form part of that proceeding. [4] The Court does not, therefore, have jurisdiction to issue the non-publication order sought. Application should have been made directly to the Authority for such an order in respect of the determination...

10. ET v CN [2023] NZDT 115 (23 March 2023) [pdf, 237 KB]

    ...disputed, CN stated ET had told him she had been on the roof. NL from [Repair shop] stated it is possible the cause of the hollow, where water pools, could be due to someone sitting or standing on the roof. 10. Evidence has been presented, in the form of a video, to show the skylight did leak on the 13th of May, however texts at that time indicate the problem was due to the skylight not being shut properly. There is no evidence of a leak being mentioned again until the caravan was seen...