Search Results

1. TN v PO Ltd [2023] NZDT 570 (16 November 2023) [pdf, 186 KB]

   ...reasons given by the seller, TN ended up paying the seller a total of $1100.00 but has never received any goods. He claims a refund of the money paid as well as $400.00 additional compensation for bank processing fees and time spent dealing with the matter. 2. Mr T is a director of PO Ltd and owns another company called [redacted] – he attended the teleconference hearing today. Both his companies use the trading name [redacted] and have 18 stores around New Zealand selling mobile ac...

2. [2021] NZEnvC 089 Peter Mawhinney (as a Trustee of Waitakere Forest Land Trust and Forest Trust) v Auckland Council [pdf, 235 KB]

   ...section 274 parties. 5 not limited to: (a) the orderly and fair administration of justice;5 (b) the right to bring and defend civil proceedings without the disclosure of any more information concerning private or commercially sensitive matters than is necessary to satisfy the principle of open justice;6 (c) the principle of open justice, including the encouragement of fair and accurate reporting of, and comment on, court hearings and decisions;7 and (d) the freedom to see...

3. FG v QP [2023] NZDT 156 (30 June 2023).pdf [pdf, 173 KB]

   ...concerning intellectual property do not fall within the jurisdiction of the Disputes Tribunal. As FG’s claim for payment for his arrangement services is inextricably bound up with what intellectual property rights apply to that contract, that entire matter should be heard and determined together in a forum where the intellectual property dispute can be considered. QP’s claim for a refund for amounts paid towards the arrangement fees should similarly be heard at the same time. These cla...

4. Recusal Guidelines for Judges of the Environment Court [pdf, 20 KB]

   Recusal Guidelines for Judges of the Environment Court pursuant to s 288B Resource Management Act 1991 Section 288B provides as follows: 288B Recusal guidelines The Principal Environment Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding. The Principal Environment Judge, with the concurrence of the Judges of the Environment Court, and after consultation with the Chief...

5. B Ltd v OQ & ST [2024] NZDT 15 (23 January 2024) [pdf, 91 KB]

   ...Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 15 APPLICANT B Ltd RESPONDENT OQ SECOND RESPONDENT ST The Tribunal orders: The claim is struck out. Reasons 1. The matter involves the recovery of a debt that KS, director of B Ltd, says is owed by OQ and ST in relation to electrical work carried out by B Ltd on their house at [address], during 2015 and 2016. The invoice for the work was issued to them under...

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

   ...dismissed. Reasons 1. BE was previously a shareholder, director and also employed by T Ltd. Relations broke down between the parties in approximately 2014/2015, which resulted in litigation in both the High Court and in the employment arena. These matters have been resolved between the parties. 2. During the period BE was director, she was provided with Internet 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...

7. KM & OM v S Ltd [2023] NZDT 485 (27 September 2023) [pdf, 94 KB]

   ...its own site. [5] The written evidence suggests the applicants made the booking though the respondent’s website, but it is not possible to be entirely sure of this given the written evidence provided. I do not consider it necessary to delay this matter to obtain further evidence on this point as the [third party website] terms and conditions mirror the respondent’s on this point. In the absence of any breach, the applicants would not be entitled to a refund of their accommodation cos...

8. LG v HX [2024] NZT 681 (12 September 2024) [pdf, 97 KB]

   ...swap”; that is, the VIN plate had been removed from the body. The certifier said that it was therefore not possible for the vehicle to achieve certification, and it could never be driven on the road. [5[ LG said that he had approached HX about the matter, but that he and HX had not finally resolved the matter. [6] HX did not attend the hearing today, and has provided no defence or communication relating to the claim to the Disputes Tribunal. The issue [7] I must determine whet...

9. [2008] NZEmpC CC 6/08 George v Carter Holt Harvey Woodproducts Nelson [pdf, 41 KB]

   ...whether there is an arguable case of unjustifiable dismissal. If so, the Court must then consider whether the balance of convenience favours interim reinstatement or not. Thirdly, and most importantly, I must stand back and look at the overall justice of the case, including the relative strength of the parties’ cases to the extent that they can be ascertained at this stage. [14] The focus of the plaintiff’s challenge is the Authority’s decision to impose conditions on reins...

10. Shihaku v Mizoguchi [2017] NZIACDT 7 (19 June 2017) [pdf, 172 KB]

    BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2017] NZIACDT 7 Reference No: IACDT 04/16 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Kentaro Shihaku Complainant AND Kotaro Mizoguchi Adviser DECISION APPLICATION FOR THE TRIBUNAL TO WITHDRAW ON THE GROUNDS OF BIAS AND MIS...