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1. [2013] NZEmpC 178 Asiaciti Trust NZ Ltd v Harris [pdf, 59 KB]

   ...appropriate restraints couched in terms such as the restraint in this case. The policy of the law relating to such restraints is based on that underlying principle which Mr Harrison succinctly referred to in his submissions. [3] The restraint in this form contains considerable difficulties for the plaintiff in view of the fact that it is worldwide in operation, extends for twelve months, contains a ninety day trial period, with right, therefore, to dismiss without justification,...

2. Construction Contracts (Retention Money) Amendment Bill [pdf, 129 KB]

   ...money is an amount withheld by a party to a construction contract (party A, a “payer,” for example a contractor) from an amount payable to another party to the contract (party B, a “payee,” who may be a subcontractor) as security for the performance of party B’s obligations under the contract. 6. The Bill makes the following changes to the retention money regime: a. clarifying that retention money held on trust must be kept separate from other money or assets; b. providing...

3. ST v Council [2022] NZDT 9 (24 March 2022) [pdf, 92 KB]

   ...unreasonable. The relative council officer (its arborist) had no reason to suspect at that time that there was a problem with the tree, or since then. Referee: G.P.Rossiter Date: 24 March 2022 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 r...

4. TC v DG [2023] NZDT 25 (17 March 2023) [pdf, 187 KB]

   ...quality or durability. Legally that risk is hers and cannot be shifted back to DG, so the claim must be dismissed. Referee: E Paton-Simpson CI0301_CIV_DCDT_Order Page 2 of 3 Date: 17 March 2023 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...

5. K Ltd v SG [2023] NZDT 211 (23 May 2023) [pdf, 92 KB]

   ...that period, she is liable to pay for them. [3] SG said that she herself had never had a contract with T Ltd, which had contracted with the company and provided its services to the company. She said that that all creditors of the company had been informed at some point of the removal of the company from the Register, but was unable to say when T Ltd learned of it. She did not consider that she was liable for what was, in her view, a company debt. She acknowledged that she had continued f...

6. T Ltd v BE [2024] NZDT 78 (17 January 2024) [pdf, 96 KB]

   ...service at T Ltd’s cost for her home office. 3. T Ltd discovered in 2017 that it was paying a direct debit for a [internet provider] internet connection. TQ said he believed at this time it was likely this was for his father, who by now was also a former director and shareholder of the company. It appears TQ encountered significant difficulties in dealing with [internet provider] because the account/connection was not in the name of the company or in his name. 4. TQ described o...

7. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...some of the glasswork had to be replaced because it could not be buffed. 11. While I have taken into account N Ltd’s claims regarding the cause of the damage, and accept that carwash malfunctions may indeed occur frequently, I do not have information on at which stage of the carwash malfunctions occur (suds, scrub, rinse etc) and so it is unclear whether these vehicles involved were similarly left with suds on them for a prolonged period of time. Therefore, I do not accept N L...

8. EM v S Ltd [2023] NZDT 171 (5 June 2023) [pdf, 124 KB]

   ...do not make further orders under the FTA or consider an award for stress is warranted given alternative flowers and equipment were able to be arranged. Referee: J Costigan Date: 5 June 2023 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...

9. DT v X Ltd [2023] NZDT 330 (31 July 2023) [pdf, 129 KB]

   ...so the claim must be dismissed. Referee: L Trevelyan Date: 31 July 2023 1 GPE Holdings Ltd v Tile ‘N’ Style [2014] NZHC 802. 2 Minister of Education v Carter Holt Harvey Ltd [2014]NZHC 681. 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...

10. NX & QT v X Ltd [2023] NZDT 209 (28 April 2023) [pdf, 107 KB]

    ...their flight and then confirmed their choices by clicking ‘Confirm’ at the bottom of the page. The credit card details were accepted and the amounts for the fares were flagged on hold on their credit card statement. However, they were then informed that the flight was unavailable. NX and QT said that after attempting the booking again that the price had increased significantly. They called X Ltd but the person spoken to was unable to make the booking either. NX and QT believe that...