Search Results

1. SI & XQ v G Ltd [2022] NZDT 40 (14 February 2022) [pdf, 119 KB]

   ...other events firms also refused to return deposits. 10. On balance, I do not accept that the cancellation terms prevail in this case. Instead, on balance I find that the contract was frustrated. I say this primarily because the event could not lawfully take place at the scheduled date. In making this finding I also had regard to the factors set out in the preceding paragraphs, including the terms of the contract and absence of any force majeure type clause or any appreciation at the ti...

2. U Ltd v B Ltd (2023) NZDT 591 (14 November 2023) [pdf, 204 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 591 APPLICANT U LTD RESPONDENT B Ltd The Tribunal orders: B Ltd is to pay $30,000.00 to U LTD on or before 12 December 2023. Reasons 1. U LTD (‘U LTD’) engaged (‘B LTD’) in October 2021 to convert a truck, which they had recently purchased for $48,702.50, into an arboriculture truck by making some modifications.

3. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 110 APPLICANT QX RESPONDENT XN Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. QX bought a second hand 2017 [motorhome] in 2019. In 2020, when the motorhome had travelled around 8,000 kms, a radiator hose popped off, all the coolant leaked out and the engine overheated, requiring significant repairs. QX says the motorh

4. [2021] NZEmpC 161 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 198 KB]

   ...application brought by the Labour Inspector as a statutory officer warranted under s 223 of the Act. The Labour Inspector is not expressly authorised under any enactment to give a guarantee or an indemnity. The Labour Inspector submits it would not be lawful to require her to provide an undertaking in these proceedings.3 In any event, there can be no suggestion that the Labour Inspector would not be capable of meeting any damages arising from this matter. It is expected, of cour...

5. [2022] NZEmpC 199 Urban Décor Ltd v Yu [pdf, 202 KB]

   ...[12] Counsel for the plaintiff also submit that the defendants turned down a Calderbank offer and that costs should be increased accordingly. In the Calderbank offer, the plaintiff offered the defendants $3,200 each. Given the way in which the law was understood at the time, it was not unreasonable to reject the Calderbank offer. Accordingly, this is not a case where there should be an uplift. [13] Therefore, allowing for the 20 per cent decrease, I consider a contribution of $...

6. Chand v Devi [2016] NZIACDT 4 (14 January 2016) [pdf, 134 KB]

   ...Registrar of Immigration Advisers Registrar BETWEEN Desmond Chand Complainant AND Artika Devi Adviser DECISION (IMPOSING SANCTIONS) REPRESENTATION: Registrar: Ms C J Pendleton, lawyer, MBIE, Auckland. Complainant: In person. Adviser: Mr S Singh, lawyer, Auckland. Date Issued: 14 January 2016 2 DECISION Background [1] This is the most recent of 15 complaints the Tribunal has upheld ag...

7. N Ltd v B Ltd, SL, & I Ltd [2022] NZDT 236 (7 July 2022) [pdf, 150 KB]

   ...wrongdoing … as he [said he] had only been dumping at a site in [Location] on 23 November 2019. However, after being confronted with the truck activity log, which showed the truck activity was nowhere near [Location], [Redacted] admitted that he had unlawfully dumped clay on your property. He said he was engaged by a client called [Redacted], that he had loaded the clay from a nearby property at [Address], that he carried out the unlawful dumping out of his own volition, and that he onl...

8. ENVC Matiatia party corresp costs Direction Matiatia Ltd 201601 [pdf, 316 KB]

   ...been on notice that this degree of engagement (and its associated costs) would necessarily follow from proceeding by way of direct referral (in contrast to a ‘two-step’ hearing process): any decision was final save for an appeal on a point of law. (c) Contrary to what might be expected with a direct referred application, WML approached its application in an iterative and ill- conceived fashion: (i) It first applied to undertake a reclamation for car parking for 160 berth-ho...

9. CAC20005 v Cui [2015] NZREADT 23 [pdf, 173 KB]

   ...this forum. That onus is on the complainants and the standard of proof is the balance of probabilities. [24] Licensees must maintain professional standards. The aspects of deterrence and denunciation must be taken into account. It is settled law that a penalty in a professional disciplinary case is primarily about the maintenance of standards and the protection of the public, but there can be an element of punishment. Disciplinary proceedings inevitably involve issues of deterrence...

10. Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) [pdf, 175 KB]

    ...CLARK Copies to: Mr C M Bidois, East Brewster Solicitors, P O Box 172, Rotorua, curtis.bidois@eastbrewster.co.nz Mr P F Majurey, Atkins Holm Majurey Solicitors, P O Box 1585, Shortland Street, Auckland 1140, paul.majurey@ahmlaw.nz mailto:curtis.bidois@eastbrewster.co.nz mailto:paul.majurey@ahmlaw.nz 119 Waikato Maniapoto MB 276 Introduction [1] In a reserved judgment dated 10 December 2015 1 I reached the position that the trustees of the Te P...