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1. KI & XI v T Ltd [2024] NZDT 434 (1 May 2024) [pdf, 228 KB]

   ...mouse or mice into a unit alone does not mean the facility is not secure. 25. Therefore I find a misrepresentation has not occurred and that T Ltd has not breached provisions relating to misrepresentation under with the Contract and Commercial Law Act 2017 or the Fair Trading Act 1986. 26. I acknowledge that the presence of mice in the storage unit is both upsetting and frustrating for XI and KI. However for the reasons given their claim is dismissed. Referee:...

2. [2024] NZEnvC 252 Beachlands South Limited Partnership v Auckland Council [pdf, 391 KB]

   ...Bill, but that does not appear to involve the associated plan changes that are the subject of these appeals. [22] The Fast-track Approvals Bill is still proposed, and it has not been enacted. This Court is bound to proceed in accordance with the law as it currently stands. PC88 Strike out application [23] At this stage, the strike out application against the Council for PC88 has not been addressed, and the parties seek to adjourn that for the substantive matter. I see no rea...

3. [2024] NZLVT 059 – Westphal v Auckland Council (18 November 2024) [pdf, 297 KB]

   ...land may be put, and whether those constraints would continue to apply to the land following a hypothetical sale. If there are legal constraints, the determination of land value must take them into account. … Accordingly, we conclude that the law as its stands is clear that it is the freehold capital value that must be ascertained first before any constraint preventing the uses to which the land can be put that must be taken into account. We accept the proposition of Auckland Cou...

4. ML Ltd & PQ v ST & NT [2024] NZDT 534 (1 October 2024) [pdf, 239 KB]

   ...If so, is ML Ltd entitled to the return of the property(dogs) and/or monetary compensation to $30,000.00; and/or are ST and NT entitled to $26,445.00? What was the original agreement between ML Ltd and ST and NT? 6. 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 contract...

5. CU v XG [2015] NZDT 782 (28 May 2015) [pdf, 106 KB]

   ...This required the matter to be heard again. Given the costs both parties had incurred to that point, XG was concerned at the prospect of having to re-litigate matters she considered were at an end. Generally, it is a fundamental principle of law that once a matter has reached a final determination in a Court or Tribunal, the same matter cannot be heard again, except on appeal. [6] However, s155 of the Real Estate Agents Act 2008 (REAA) provides that nothing in the Act affects an...

6. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

   ...offending material. [11] He relied on r 9.7 of the High Court Rules 2016 (HCRs), which outlines the requirements in relation to briefs, which provides that every brief: ... (b) must be in the words of the witness and not in the words of the lawyer involved in drafting the brief: (c) must not contain evidence that is inadmissible in the proceeding: (d) must not contain any material in the nature of a submission: (e) must avoid repetition: (f) must avoid the recital of the c...

7. ET and JT v F Ltd [2021] NZDT 1639 (13 July 2021) [pdf, 197 KB]

   ...The issue CI0301_CIV_DCDT_Order Page 3 of 5 [13] I must decide whether ET and JT were justified in cancelling their contract with F Ltd and the consequences of the answer to that question so far as the parties’ claims are concerned. The law [14] The parties’ agreement is subject to the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees that services provided to consumers must be carried out with reasonable care and skill and, if no time is fixed for...

8. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

   ...dealt with by selection from the appropriate banding. The bands may differ at each step.In my view; the interlocutory matters before the Deputy Chairperson were, in any event, complex, requiring an analysis of some of the underlying refinements of the law in cases of this nature. The reserved decision ran to 37 pages (191 paragraphs) and would on its own justify allocation in Category 3. In its Notice of Opposition to CLL’s application for preservation of documents orders, the Universit...

9. [2021] NZEnvC 135 Caradoc-Davies v Clearwater [pdf, 213 KB]

   ...This has led to the Applicants effectively being forced to take action in the Environment Court. [15] The Applicants also submit: (a) DCC and the Respondent have informally acknowledged that they accept the Quarry Remediation Plan (QRP) was unlawful. DCC could have avoided the Applicants and ratepayers costs if they had acknowledged the QRP was unlawful in the months prior to the breaches and used the correct legal procedure to remedy the quarry breaches; (b) around the time...

10. [2014] NZEmpC 234 Mega Wreckers Ltd v Taafuli [pdf, 59 KB]

    ...15 At [49]. Services, where, in relation to the equivalent statutory provision under the Employment Contracts Act 1991, where Judge Finnigan stated: 16 It appears to me to be established law that the remedies section of the Act was not designed to remedy consequences of unjustifiable dismissal felt by persons other than the employee concerned. However, the consequences on other persons such as family members can in the facts