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1. I Ltd v XN [2023] NZDT 192 (18 April 2023) [pdf, 206 KB]

   ...The issues to resolve the claim are: (a) Did the parties enter into an agreement that I Ltd would purchase XN’s damaged vehicle on the understanding that it would receive either the insurance pay out for the vehicle, or the insurer would perform the repairs? (b) If not, has XN been unjustly enriched by I Ltd repaying in full the finance for the vehicle? (c) What loss can I Ltd prove it has incurred that it is entitled to be compensated for? Did the parties enter into an agr...

2. UO v DU [2023] NZDT 366 (2 August 2023) [pdf, 121 KB]

   ...contract. If so, can UO cancel the contract and receive a full refund? 17. Section 37 of the Contract and Commercial Law Act 2017 says that a party may cancel a contract if another party has breached a term of the contract, as long as the performance of the term is essential to the cancelling party. 18. This was a relatively simple contract, in which UO promised to pay the sum of $10,800.00 and DU promised to provide a shed. UO’s only reason to enter into the contract was to...

3. IU v KI & CI [2022] NZDT 111 (15 August 2022) [pdf, 207 KB]

   ...[address] were examples. The Tribunal is not able to make decisions about costs that are not claimed, because there is no evidence of what they were. Referee: J.F. Tunnicliffe Date: 15 August 2022 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 r...

4. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refere...

5. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...information available if the LCRO considers that the review can be adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [29] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The applicants wished to be heard in person. The respondents were content with the matte...

6. BT & FT v Council [2015] NZDT 1492 (30 September 2015) [pdf, 233 KB]

   ...or present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: CI0301_CIV_DCDT_Order Page 2 of 4 a) When did the prior crash happen? When was the Council/Transport informed of the fuel spill? Did any delay by the Council/Transport in responding to the fuel spill cause FT’s crash? b) If the Council/Transport was negligent, what sum is payable in damages? c) Did XQ Ltd cause further damage by negligent to...

7. [2018] NZSSAA 035 (18 July 2018) [pdf, 129 KB]

   ...[3] The issue for the Authority to determine is whether the appellant’s CPP should be deducted from his NZS entitlement. 2 Relevant legislation [4] Section 70 of the Act provides that where an overseas pension is a payment which forms part of a programme providing pensions for any one of the contingencies for which pensions may be paid under NZS, and is administered by or on behalf of the government of the overseas country from which the benefit is received, the overs...

8. Proactive Release - District Court Amendment Rules 2019 [pdf, 682 KB]

   ...of the Associate Minister for Courts Released in full. Note that the copies of the rules provided to Ministers with this paper have been withheld in accordance with section 61 of the Legislation Act 2012 and section 9(2)(h) of the Official Information Act 1982 to maintain legal professional privilege. The legislative instruments are publicly available from www.legislation.govt.nz. 2 District Court Amendment Rules 2019 Cabinet minute Cabinet Office Meeting date: 25 June 2019...

9. Notes of CMR focus group with Human Rights Maori Business and Social Enterprise on 3 April 2018 [pdf, 429 KB]

   ...https://www.justice.govt.nz/maori-land-treaty/crown-maori-relations/initial-proposals-from-government/ Focus group hui notes: Māori Business and Social Enterprise (3 April 2018) Page 2 of 4 Main issues and opportunities Crown/Māori business -Structure, policies, capability • Consolidate forms of support – the Crown needs to consolidate the existing range of government assistance for Māori-owned organisations and businesses into one agency to remove existing chall...

10. [2010] NZEmpC 60 Maritime Union of NZ v C3 Ltd [pdf, 28 KB]

    ...3 (1993) 7 PRNZ 58. 4 [1998] 2 ERNZ 558 at 582. 5 [2004] 2 ERNZ 277 at 279. 6 [1998] 3 ERNZ 1. 7 At 37. The time for deciding what evidence to call is made much earlier, when the strategy is formed. It is too easy for the plaintiff to say the case would have been the same. [14] Counsel for C3 submitted that the amendment was not very slight and was only being sought because the Court had raised jurisdictional issues and the ame