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  1. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

    ...4 9. At the end of the auction, and before payment was made, UC was handed an Invoice which listed all the items she had purchased, with individual prices, and showing the total to be paid of $868.83. 10. In this case the auctioneer has performed its part of the contract. The issue is whether the auctioneer has agreed to release UC from her obligation to pay the full price, or whether there has been a discharge by way of accord and satisfaction. 11. I find that the auctioneer h...

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

    ...advised Mr Steele by telephone that his WAC membership was revoked. Later that day, Mr Steele met Mr Mullins and another WAC manager, Mr Scott Linklater, at the WAC. His membership was terminated at this meeting. [8] Mr Steele subsequently made a request to the WAC under the Privacy Act 1993 for a copy of the incident report. [9] On 4 July 2016, Mr Steele complained to the HRC alleging sexual harassment and naming the WAC as the respondent to his complaint. The HRC did not accept th...

  3. Interest on civil debt

    The Interest on Money Claims Act 2016 has changed the process for being awarded interest by the court and claiming interest on a judgment debt from 1 January 2018. Only cases commenced from 1 January 2018 can be awarded interest under the new Act. If you started your case in the District Court before 1 January 2018, sections 62B and 65A of the District Courts Act 1947 will still apply If you started your case in the High Court before 1 January 2018, the old section of the Judicature Act 1908, s

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    2. About civil debt >
    3. Collect civil debt

  4. Starik v Auckland Council [2016] NZWHT Auckland 5 [pdf, 491 KB]

    ...texture-coated fibre-cement clad areas and replacement of damaged timber and internal items was required. [14] By the time this claim was in adjudication Mr Light no longer had a contract as a WHRS assessor. In November 2015, Peninsula Homes made a request to engage Mr Light as its expert witness. The Tribunal advised that as Mr Light was no longer under contract to WHRS he may perform this role. [15] Mr Wiemann was subsequently appointed as the WHRS assessor. Mr Wiemann...

  7. UQD Ltd v KN [2020] NZDT 1415 (30 September 2020) [pdf, 225 KB]

    ...similar age van with the additional components of LPG, campervan fitout and towbar (or even one of these things except for perhaps a towbar). For the fuel system to be LPG rather than petrol is pertinent because NH explains that he had intended to perform a hydrogen conversion on the vehicle which can be done from LPG but not from a petrol fuel system. He also preferred the fuel efficiency of LPG. 10. This means that the most straight-forward and cost-effective way for UQD Ltd to be r...

  8. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

    ...with reasonable care and skill, it a tradesman-like manner and to a tradesman’s standard. 16. As this was a “cash” job, there is no contract documentation of the scope of work, the price or the terms, except for the roof, therefore the information available to the Tribunal is limited and much of it is in dispute. The burden of proof is on the Applicants. 17. There is extensive evidence that the workmanship was defective, with overspray and paint drips on many interior and ex...

  9. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

    ...govt’s Ministry of “Health”. [13.2] On 28 October 2015 Mr Fehling wrote once more to the Investigating Officer. The opening paragraph again emphasised the complaint made by Mr Fehling was against the Ministry of Health: Following are the requested s 66(b) privacy-interference conditions in more detail to the original complaint that contained a list of privacy-principle breaches by the Ministry of Health … [13.3] The subject line and content of a reply dated 18 November 201...

  10. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

    ...the applicant had booked his flights, there were several instances where the airlines changed flight times and the respondent failed to notify him of significant changes. Instead, these notifications came directly from the airline. b. Incorrect information was given to the applicant by an agent who was no longer working for the respondent, causing confusion and stress. This was especially the case regarding flights that had been booked but not proceeded with as the applicant and his fami...