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  1. QD v TS [2024] NZDT 124 (13 February 2024) [pdf, 191 KB]

    ...employment contract. 2 Employment Relations Act 2000 (the Act) 3 FMV v TZB [2021] NZS102 at [95] CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Hannan DTR Date: 13 February 2024 Page 3 of 3 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...

  2. S Ltd v LB [2023] NZDT 207 (5 April 2023) [pdf, 95 KB]

    ...APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: 1. The claim is dismissed. 2. The order is to be emailed to J Ltd. Reasons: 3. The matter has previously been part heard and adjourned for LB to inform his insurer of the claim. Today LB did not answer the Referee’s call and he has not attended the hearing which proceeded in his absence. The claim will be determined on the evidence before the Tribunal today. 4. IV drove around anothe...

  3. OS v E Ltd [2023] NZDT 89 (23 March 2023) [pdf, 182 KB]

    ...depended upon when they arrived in OS’ letterbox. h. There is no evidence of what else E Ltd ought to have done or could have done when OS contacted them on 19 December. There is nothing to suggest that another courier company could have perform better or faster. 13. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 March 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you b...

  4. FH v UO Ltd [2023] NZDT 16 (25 February 2023) [pdf, 193 KB]

    ...Reasons 1. In 2021, FH bought tickets for a Guns n Roses concert from UO Ltd for $570.00. The concert was originally to be held in November 2021 but was postponed because of the Covid pandemic. The new date was 8 December 2022. FH had been informed by UO Ltd that she had a credit for the new date. In October 2022, FH tried to get her new tickets. They were not recorded on her account, and despite numerous attempts to contact UO Ltd, the company failed to respond. The date for the co

  5. MM v NF Ltd [2022] NZDT 60 (31 May 2022) [pdf, 107 KB]

    ...a. I prefer the NF Ltd’s position that it is an inside facility with no outside capacity and so was prohibited from having more than 100 people; b. I do not accept that the contract was frustrated by an unexpected event which rendered the performance of the contract impossible or only possible in a very different way from what the parties contemplated, because the contract specifically anticipated and prescribed what would happen in the event of a Government Lockdown – namely that t...

  6. DT processes using vehicle accident example [pdf, 26 KB]

    ...pages to find out how to apply. Because it’s easier and quicker, she decides to apply online. Tania gets 3 written quotes to repair the damage to her car as no insurer is involved. Tania prepares to make her claim Tania gathers the following information: • Toms’ contact details • a description of what she’s done to try and settle the dispute with Tom • a description of events including: o when and where the accident happened o what she thinks caused the accident o ho...

  7. K Ltd v EN [2023] NZDT 690 (19 December 2023) [pdf, 171 KB]

    ...considered EN’s evidence but find on balance the claim is successful. I say this because even if EN did not accept the quote, she must have been aware her insurer did and she did not give evidence that at any time before the work was done, she informed K Ltd that payment would be on actual time and cost, not on the quote. This is consistent with EN’s email to T of 12 June 2023 in which she said we have the go ahead to fix the wall etc from the insurance company. 4. Quotes provide...

  8. SN v X Ltd [2024 NZDT 93 (23 January 2024) [pdf, 138 KB]

    ...mistakes. Further there was no evidence by SN as to how he had quantified the sums he claimed for distress and harassment. 12. SN’s claim is therefore dismissed. Referee: T Prowse Date: 23 January 2024 Page 3 of 3 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 f...

  9. NC v MD [2021] NZDT 1348 (12 March 2021) [pdf, 208 KB]

    ...saying he understood and agreed only to trimming on her property. She says “it could possibly have been a surprise to her” that the loquat tree was removed by her contractors. 7. I find, on the balance of probabilities and from the limited information available, that MD, at the least, gave inadequate instructions and supervision to her contractors and that this amounts to negligence. She is therefore liable in negligence for the reasonable costs of putting NC back into the posit...

  10. [2021] NZEmpC 34 Commissioner of Police v New Zealand Police Assoc Inc [pdf, 197 KB]

    ...Hearing: (on the papers) Appearances: H Kynaston, counsel for the plaintiff S Hornsby-Geluk, counsel for the defendant Judgment: 23 March 2021 SUPPLEMENTARY JUDGMENT OF JUDGE B A CORKILL Introduction [1] I now formalise the orders to be made following the conclusions reached in my substantive judgment.1 [2] In it, I requested counsel to file memoranda as to the form of the declarations which the Court should make in light of its conclusions and th...