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1. [2021] NZIACDT 11 - YC v Han (19 May 2021) [pdf, 210 KB]

   ...paid and reasonable compensation. [13] On 12 November 2020, the Authority wrote to Ms Han formally informing her of the details of the complaint and requesting her explanation. Explanation from Ms Han and Mr Wan [14] Mr Turner of Laurent Law wrote to the Authority on 18 December 2020, on behalf of Ms Han and Mr Wan, replying to its letter of 12 November 2020. Statements from the two advisers were sent with his letter. [15] According to Mr Turner, both Ms Han and Mr Wan admi...

2. KC v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 177 [pdf, 172 KB]

   ...Therefore, the date of her accident, as found by ACC to have been on 26 May 2015 is correct. [58] Accordingly, her appeal must be dismissed. [59] Costs are reserved. CJ McGuire District Court Judge Solicitors: Medico Law Limited, Grey Lynn

3. [2010] NZEmpC 93 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 36 KB]

   ...statements were timetabled and directed to be served in preparation for that investigation meeting. [14] In early April 2009, the plaintiffs proposed to the defendant that the claim against Mr Cruickshank should be withdrawn as being unsupportable in law. The plaintiffs threatened to seek costs if the proceeding against Mr Cruickshank was not withdrawn. At the same time an offer of settlement was made to Mr Dunn by EcoCover Developments Limited. This offer remained open for acce...

4. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...there may have been a genuine, whole-hearted use of the best endeavours to comply with the order, which nevertheless has been unsuccessful. In each case there is a breach of the court’s order. In each case, to use the technicalities of the law, there is a “contempt of court”. But the quality of the non- compliance varies over an enormous range. The penalties which will be imposed by this court for contempt will equally vary over an enormous range and will reflect the quality...

5. T Ltd v CS Ors [2021] NZDT 1552 (10 August 2021) [pdf, 236 KB]

   ...interest? (d) Is T Ltd entitled to a remedy and, if so, is the amount claimed proved and reasonable and what amount should each Respondent pay? CI0301_CIV_DCDT_Order Page 3 of 6 Is C Ltd liable to pay for the Trailer plus interest? 9. The law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are legally enforceable by one party against the other. This means that if one party breaches a term of the contra...

6. Rowe & Ors v CAC306 & Ors [2015] NZREADT 82 [pdf, 111 KB]

   ...food licence shortly before the Agreement was signed. [13] Mr Lowe, her supervisor, said that in all the years he had been in business that he had never enquired about the expiry date of a food licence and believed that this was something that lawyers ought to do. He said however that as a result of this case he would ask this question and he would ask to see and check the licence. He told the Tribunal that what was being sold when a business was listed for sale was the future profi...

7. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 85 APPLICANT XQ RESPONDENT T Ltd The Tribunal orders: T Ltd is to pay XQ $107.61 on or before 25 February 2022. Reasons 1. On about 4 October 2021, XQ bought an automotive [item] from T Ltd through Trademe. He asked a mechanic to install the [item]. When installed, the mechanic found the vehicle did not run correctly.

8. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

   ...Linklater, Mr Mullins and others. The report concerning the incident in the WAC café that led to the termination of Mr Steele’s WAC membership is annexed. [15] The strike-out application was also supported by an affidavit by Simon Colley, a lawyer who has acted for the WAC. Mr Colley’s affidavit concerns communication between Mr Steele, CLM and himself largely regarding the Privacy Act but also concerning the termination of Mr Steele’s WAC membership. A number of offensive and...

9. Amendment to Grant Forms and High Cost Criminal Cases - Submissions and decisions [pdf, 715 KB]

   ...Fixed fee criteria Case specific (tick all that apply) Volume/nature of disclosure More than five charges being defended/Judge alone trial Five or more witnesses Co-defendants/accused Significant new points of law to be researched Three or more prosecution interviews with defendant/witness Judge-alone trial set for more than a full day (Schedule A-C) Jury trial set down for more than three days (Schedule D-F) Customer specific Vu...

10. [2017] NZEnvC 166 Clarence Harvest Ltd v Waimakariri District Council [pdf, 1.7 MB]

    ...order any party to proceedings before it to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the court considers reasonable. [15] A body of general principles has developed through the case law and two of the fundamental principles are that: there is no general rule that costs should follow the event (even if a party is successful); and costs are not to be awarded as a penalty but in the interests of "compensation where...