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1. ID v KT [2021] NZDT 1666 (20 October 2021) [pdf, 187 KB]

   ...the relationship. This means she did not have the intention to gift the car to KT and there was not a valid gift. Was there a valid contract for the transfer of the car? 11. A contract is a legal agreement between two parties. A contract is formed when there is an agreement between the parties, the terms are certain, there is an intention to create a legal relationship and there is consideration. In this case, any contract would be on the basis that ID would give KT the car in r...

2. L Ltd v N Ltd [2022] NZDT 247 (30 November 2022) [pdf, 236 KB]

   ...hearing took place by phone on 9 November 2022. [L Ltd.’s representative] represented L Ltd. [N Ltd.’s representative] represented N LTD. Findings 15. The relevant law is the law of contract. 16. The issues are: a) Was a contract formed? b) If so, is N Ltd in breach? c) If so, what damages is L Ltd entitled to? Was a contract formed? 17. Formation of a binding contract requires: a) Agreement between the parties on terms that are complete and certain...

3. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...his file. However, it was ascertained that on 28 March 2013, presumably initiated 3 by a request from Mr ZI, the Lawyers Complaints Service had sent Mr ZI a copy it had of the file. It is not clear why NZLS had Mr ZI’s file, or why he had requested it at that stage, nor are those issues relevant to the matter under review.1 The issues addressed by the Committee were: (a) Did Mr WS register a Notice of Claim under s 42(1) of the Property (Relationships) Act 1976 on Mr ZI’s...

4. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...exclusion clause in the Contract? 24. The Contract contained General Conditions of Sale on the back. Above the signatures on the front of the contract, there is a passage which reads: CI0301_CIV_DCDT_Order Page 5 of 9 I certify the above information is true and correct and that I am authorised to sell/buy the Livestock. I have read and understand the GENERAL CONDITIONS OF TRADE (overleaf or attached) of Q Ltd which form a part of, and are intended to be read in conjunction wit...

5. AODT Court Operational Policy update 2023 v3.01. [pdf, 304 KB]

   ...Treatment Court (AODT) Legal Aid Services Operational policy July 2023 2 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully ex...

6. Duty Lawyer Operational Policy [pdf, 461 KB]

   Duty lawyer service Operational policy August 2019 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information....

7. Duty Lawyer Policy v-2.16.pdf [pdf, 395 KB]

   ...Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the duty lawyer act for them, they may be nominated as their preferred provider for Criminal Provider Approval Level 3 or 4 cases. In such circumstances, the duty lawyer must provide details as to why they have been nominated as preferre...

8. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

   ...to the extent of rights which vest in the Official Assignee was referred to. b) What was being sought at this stage is a stay to allow the Official Assignee to make necessary decisions under the Insolvency Act. c) If need be, the defendant requested the opportunity to provide submissions on its application to dismiss that part of the fourth amended statement of claim which relates to a claim under s 123(1)(c)(i) of the Act, on the grounds that it is frivolous and vexatious. d...

9. [2020] NZEmpC 73 Waste Management NZ Ltd v Jones [pdf, 361 KB]

   ...for vehicles used by all his staff. [8] As a result of this review, Mr Shipley was not satisfied with what the GPS data showed for Ms Jones’ car during several business days in April 2016. On 22 April 2016, he delivered a letter to her requesting she attend a meeting with him about 1 Jones v Waste Management NZ Ltd [2018] NZERA 170 (Member Doyle). 2 Jones v Waste Management NZ Ltd [2018] NZERA 186 (Member Doyle) at [10] and...

10. [2022] NZACC 140 – Beauchamp v ACC (15 July 2022) [pdf, 250 KB]

    ...“failure to issue decisions” following the SRNA report of 24 May 2020. On 8 October 2020, the Corporation’s issued a substantive decision on Ms Beauchamp’s matters. A week later, nine of the review applications were withdrawn. Ms Koloni requested costs in respect of 12 review applications lodged. On 28 October 2020, the Corporation awarded Ms Beauchamp costs totalling $166.35. [24] The Corporation, in its costs decision, purported to act in terms of section 148(3) of t...