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743 items matching your search terms

  1. ADE v ZWV [2012] NZDT 186 (3 October 2012) [PDF, 47 KB]

    Jurisdiction / quasi-contract / Respondent a former employee of Applicant / Applicant overpaid Respondent $380.98 in his final pay / Respondent claims he can retain the overpayment pursuant to the Wages Protection Act 1983 / Applicant claims $380.98 plus filing fee from the Respondent / issue as to jurisdiction / Tribunal has jurisdiction under quasi-contract to hear claim / Employment Relations Authority does not have exclusive jurisdiction to determine matters of overpayment to an employee after employment terminated / claim not founded in contract and Respondent has not breached a contract / quasi-contract / person liable to make restitution when unduly enriched / Respondent received money he was not entitled to through Applicant’s error / no legal reason justifying non-repayment / WPA does not apply as Applicant not seeking to deduct overpayment from future wages / Respondent not entitled to the money and has been unduly enriched by Applicant’s error / unjust for Respondent to reta…
  11. AAJ and AAK v ZZR [2012] NZDT 2 (28 September 2012) [PDF, 99 KB]

    Fair Trading Act 1986 / Respondent recommended investment plan to Applicants who signed a Management Agreement / Agreement involved Applicants mortgaging their home, borrowing money, receiving money, fees and investment of the balance with an investment company / Applicants gave loan to KL from the investment company who ultimately defaulted on the loan / Applicants claimed that Respondent’s conduct in advising them of investment plan was misleading / Held: investment scheme booklet failed to state the dependence upon re-investment of annual tax refunds / Respondent’s conduct in returning tax refunds to Applicants was misleading / investment plan was not suitable for Applicants / AMP Finance NZ Ltd v Heaven (1997) 8 TCLR 144 / s 11 Fair Trading Act 1986 / claim not statute-barred / s 43(5) Fair Trading Act 1986 / Respondent, as director, should be personally liable / Gloken Holdings Limited v The CDE Company Limited (HC Hamilton CP28/95, 24 June 1997) / claim allowed, Respondent ordere…