Search Results

1. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...[2015] NZHC 1470 (which was submitted in evidence). In that case Lang J held that the IGC payments in that case could not be regarded as “outgoings” for the purposes the agreement for sale and purchase. That agreement (on the Auckland District Law Society & Real Estate Institute form) has the same provision as to “outgoings” in the SPA. I note in that case at the relevant time WXT’s IGC charging policy was the old policy where they charged the developer. Had Phoenix Holdings...

2. Peita v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 179 [pdf, 158 KB]

   ...of these reasons. [4] On 30 October 2023, Ms Thorburn for the Corporation submitted that, given the limited delay and absence of prejudice to the Corporation, it does not oppose an extension of time for filing the appeal in this case. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...

3. MW & NW v SL & TE [2023] NZDT 510 (20 September 2023) [pdf, 217 KB]

   ...Does clause 7.3 of the sale and purchase agreement require the Respondents to contribute to the costs of replacing the hot water cylinder? 4. The standard contract for the sale and purchase of land used in New Zealand is the Auckland District Law Society and Real Estate Institute of New Zealand Agreement (ADLS/REINZ agreement) which has been through various iterations and amendments. The version of the clause which is 9.3(1) in the agreement between the parties in this case provides as...

4. UV v B Ltd [2023] NZDT 618 (28 November 2023) [pdf, 181 KB]

   ...principally governed by the 1999 Montreal Convention For The Unification of Certain Rules For International Carriage by Air (the Montreal Convention), which is incorporated into and set out in the Civil Aviation Act at Schedule 6, and the common law of contract as set out in any ticketing terms and conditions. 6. Article 31 of the Convention provides that there must be timely notice of complaints, and in the absence of any complaint, receipt of the baggage is evidence it has been del...

5. [2020] NZEmpC 21 A Labour Inspector v NewZealand Fusion International Ltd [pdf, 142 KB]

   ...right of appeal exists, is likely to weigh against the application.5 As Judge Couch observed, it is only in exceptional circumstances that any Court has entertained an application for a rehearing on grounds that the judgment contained an error of law.6 [13] While not reaching a concluded view on the merits of the application for a rehearing, because to do so would be premature, I conclude that the relative merits of the application for a rehearing appear (at this stage at least) to b...

6. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

   ...resolved are: a. Did KC breach the terms of the contract? b. If so, is D Ltd entitled to claim $14,045.22 in unpaid invoices and $657.82 in interest accrued on the invoices? Did KC breach the terms of the contract? 4. The general principles of the law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a cont...

7. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   LCRO 209/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [City] Standards Committee [X] BETWEEN YH Applicant AND SM Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mrs YH has applied for a review of the determination by [City] Standards Committee [X] (the Committee) to t

8. Auckland Standards Committee 5 v Nicholls [2024] NZLCDT 11 (26 April 2024) [pdf, 87 KB]

   NON-PUBLICATION ORDERS IN PLACE FOR NAME OF THE COMPLAINANT AND OTHER CLIENTS MENTIONED IN THE CHARGES AS WELL AS ANY CLIENTS WHOSE NAME MAY EMERGE FROM FURTHER INVESTIGATIONS. THESE ORDERS MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2024] NZLCDT 11 LCDT 007/24 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 5 Applicant AND AAR

9. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. It is a well-established principle of law that exclusion clauses are interpreted strictly, and any ambiguity is resolved against the party who seeks to rely on the exclusion of liability. However, the courts have cautioned against adopting a strained or hostile interpretation. 7....

10. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

    ...work visa application for the complainant. [1.2] He lodged a visa application when the complainant’s current visa was about to expire. If Immigration New Zealand had accepted the application as lodged, the complainant would have retained his lawful status in New Zealand while Immigration New Zealand considered the application. [1.3] However, Immigration New Zealand did not accept the lodgement of the application. As a result, the complainant became unlawfully in New Zealand after h...