Search Results

1. B Ltd v Z Ltd [2024] NZDT 621 (11 July 2024) [pdf, 216 KB]

   ...Investment $22,500.00: $15,000.00 franchise fee and $7,500.00 starter kit (GST exclusive) • Income guarantee: 1 year $30,000.00 • Expenses: 15.7% of income $4,710.00 • Profit $25,290.00 • Start-up kit included equipment and products, uniforms, stationery, “all customers necessary to meet the agreed contract amount (plus an amount for contingency)”, initial support including “no charge help with cleaning during start-up”, and vehicle signage. 4. The commercial clean...

2. Judicial-Appointments-Protocol-HC-February-2025 [docx, 86 KB]

   ...according to the law, and which will be aware of, and sensitive to, the broad dimensions of our society. Recognising the importance of this task and the public interest in the appointments processes, the procedures for judicial appointments have been formalised. The guiding principles for the procedures are as follows: Clear and publicly identified processes for selection and appointment; Clear and publicly identified criteria against which persons considered are assessed; Clear and publicly...

3. NP v LO & Ors [2024] NZDT 687 (26 August 2024) [pdf, 243 KB]

   ...or to allow NP to run a business? e. If there was wrongful termination or a breach, what is the remedy? Who is the contract between? CI0301_CIV_DCDT_Order Page 2 of 5 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine who the parties are in this situ...

4. DC v CN [2025] NZDT 21 (10 April 2025) [pdf, 232 KB]

   ...[Street X] and [Road 1]. CN was turning out of [Street X] into [Road 1], intending to travel north, towards Courtenay place. There is a give way sign at the end of [Street X], which means that CN had to give way to traffic already on [Road 1], which forms the top of the “T intersection”. 9. DC was driving straight on [Road 1] heading north towards [Road 2]. DC says that CN’s car suddenly appeared from [Street X] and entered the north bound lane of [Road 1] which she was travel...

5. M Ltd v G Ltd [2024] NZDT 704 (27 August 2024) [pdf, 179 KB]

   ...usual understanding of a ‘full and final settlement’ and would not meet the requirements of ‘accord and satisfaction’ that there be consideration on both sides of a settlement agreement. Therefore, there would have been no binding settlement formed if that meaning was accepted. 10. The wording ‘full and final settlement’ could simply be read at face value, which would mean no further claims could be brought by either party in relation to the truck-build. However, given M Lt...

6. DQ v OR & SN [2024] NZDT 879 (19 August 2024) [pdf, 261 KB]

   ...the estate, and if so, how much? b. If so, is there any question of limitation that may prevent an order for payment of that debt now? Is DQ able to show that there is a debt owed to her by the estate, and if so, how much? 4. A loan is a form of contract. It does not need to be in writing to be enforceable. However, to create an enforceable agreement between the parties there must be a clear meeting of the minds, meaning that both parties intended that a legally binding relatio...

7. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 8.4 MB]

   ...approach that will be led by a dedicated agent within central government. Executive Summary 2 Family violence and sexual violence can be prevented, yet 1 in 7 children grow up in violent homes, and 1 in 3 girls and up to 1 in 7 boys are subject to a form of sexual abuse by the time they reach 16. Exposure to this type of violence has lifelong impacts on child and youth wellbeing: they are three times more likely to attempt suicide, make up almost 80% of youth offenders, and are less l...

8. MS Ltd v CD [2023] NZDT 133 (11 May 2023) [pdf, 141 KB]

   ...Conclusion 15. As MS Ltd has proven it is entitled to be compensated for the total amount of $4,051.35 an order is made for that sum. Referee: K Cowie DTR Date: 11 May 2023 CI0301_CIV_DCDT_Order Page 4 of 4 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 rehe...

9. KK v Q Ltd [2023] NZDT 258 (29 May 2023) [pdf, 182 KB]

   ...concluded. I was unable to have a discussion with the parties to see whether the claim could be resolved by agreement, but given that the hearing had already lasted nearly 2 hours, I decided not to adjourn the hearing but rather to make a decision on the information that had been presented while KK was on the call. Is Q Ltd liable for any damage to the meat while it was being sent? 4. I am unable to make a finding that Q Ltd are liable for the damage to the meat because the contract...

10. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [pdf, 199 KB]

    ...hearing was adjourned to give CC & TC an opportunity to provide evidence detailing the issue with the pool. They have not done this, and I advised that it would not be appropriate to adjourn the hearing again. Balancing their right to provide information and be heard against BE & NE’s right for proceedings to be resolved in a timely manner, I find it would be unjust to grant a further adjournment as CC & TC have had adequate opportunity to provide information but have not tak...