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1. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...the parties acknowledged that while KN had specified large and aggressive tyres, he was also reliant on the expertise of P Ltd. Even if the CGA did not apply, similar provisions exist under the Sale of Goods provisions of the Contract and Commercial Law Act 2017 (at section 138) with an implied condition in a contract for a sale of goods that the goods will be reasonably fit for purpose where the buyer, expressly or by implication, makes known to the seller the particular purpose for whic...

2. [2019] NZEnvC 148 Guthrie v Queenstown Lakes District Council [pdf, 2 MB]

   ...their outlooks from dwellings, or holiday homes, to be impacted. For others, their claimed interests are more generic, such as in regard to the landscape, but nevertheless of some relevance. [21) I have reached that view having considered case law on the interpretation of s274(1 )(d), including as discussed in Mt Christina Ltd v Queenstown Lakes District Counci/. 23 I am satisfied that the interest I have described is "one of some advantage or disadvantage" that is "n...

3. Austen v The Far North District Council - Okahu 4D (2020) 209 Taitokerau MB 150 (209 TTK 150) [pdf, 246 KB]

   ...opposition; and (g) where the unsuccessful party has not acted unreasonably it should not be penalised by having to bear the full party and party costs of his/her adversary as well as their own solicitor and client costs. [12] It is also trite law that the exercise of a judicial discretion, including that applied in the grant or refusal of an application to award costs must be exercised judicially: Glaister v Amalgamated Dairies Limited. That principle is supported by earlie...

4. [2014] NZEmpC 71 Gazeley v Oceania Group NZ Ltd [pdf, 81 KB]

   ...of Harwood v Next Homes Ltd the Court expressed doubt as to whether such costs incurred in the resolution of an employment relationship problem could be recovered as special damages. 4 In Harwood the Court drew a distinction between a common law claim for damages for breach of contract, as was the case in Binnie v Pacific Health Ltd, and a personal grievance regarding an employment relationship problem where statutory remedies are sought. The judgment in Hayward did not draw the...

5. Wanikau-Chapman - Ngatiamaahuroa No. 5 and Others (2022) 246 Taitokerau MB 291 (246 TTK 291) [pdf, 226 KB]

   ...the Deed on the distribution of the estate:1 Court: I am going to adjourn the application for a defended hearing. That hearing will not take place until March and that will provide you with three months to either settle this matter or engage lawyers to deal with it, okay? B Howard: And if this matter is not settled in three months, what happens then? Court: So if you don’t reach an agreement amongst yourselves within three months, then you will be back in front of me and I�...

6. Tane-Stockler - Hauturu East 8 (2002) 120 Otorohanga MB 3 (120 OT 3) [pdf, 2.1 MB]

   ...simple application for succession on the bas is that the land was held by the deceased as at the date of his death. believe that I was at fault in making that order and that consequent upon the above investigation the order was made in error of law. The Registrar is directed to consider making an application under section 45/93 to rectify the error. This brings me to the Court's title record . II shows the original owners as the owners. II now needs to be noted as to the true p...

7. [2020] NZIACDT 24 - BV v Aiolupotea (12 June 2020) [pdf, 117 KB]

   ...citizenship application 4 (“NZ citizenship by [descent] (Ministerial Intervention)”, is recorded on Mr Aiolupotea’s file summary).1 [19] The complainant, who says he was not advised by Mr Aiolupotea of the expiry date of the visa, remained unlawfully in New Zealand after its expiry. [20] On 5 September 2018, Immigration New Zealand wrote directly to the complainant noting that he had not held a visa since 6 June 2018 and had to depart New Zealand immediately. [21] The...

8. [2019] NZEnvC 146 Awaroa Aerodrome Ltd v Tasman District Council [pdf, 2.1 MB]

   ...by Awaroa Aerodrome Ltd, received on 24 July 2019, at (4]-(5]. 6 required to comply with it, was dependent on detailed and contestable assessments of the underlying factual and legal issues. Instead of referring the matter to Council's lawyers for further advice it issued an infringement notice which forced Awaroa to file this appeal to protect its position.17 [20] Awaroa contends that this appeal would have been avoided if the Council had acted in a reasonable manner. Se...

9. Parker v Maaka - Karamu D1B2C2 (2008) 196 Napier MB 290 (196 NA 290) [pdf, 280 KB]

   ...ofthe Karamu Trust; b) there is a need for a full hearing; c) there is a need to ascertain the exact amount owed (if any); d) there is a need to assess section 94(a) and 94(b) of the Judicature Act as to recovery of payments made under mistake oflaw or fact; and e) it is questionable whether Tania Maaka has the status to bring the original application for the removal of trustees and consequential applications for enforcement. 196 Napier MB 293 [6] Cheryl Parker seeks a rehea...

10. [2024] NZEmpC 194 Soundhomes NZ Limited v Doughty [pdf, 231 KB]

    ...breach of cl 8.2 of the relevant individual employment agreement (IEA) (which, amongst other things, required the employee to perform his duties with all reasonable skill, care and diligence), and an implied term both under the IEA and at common law not to steal money from his employer, or wrongfully obtain a benefit to which he was not entitled. [39] I conclude that the allegations of the company’s proposed claim against Mr Doughty are capable of tenable argument and are support...