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1. LH & TH v D Inc [2023] NZDT 608 (31 October 2023) [pdf, 249 KB]

   ...refunding the $500.00 bond? b) If so, what are LH and TH entitled to be paid? 5. Have D Inc breached their contract with LH and TH by: a. Not turning off the sprinklers? b. Not refunding the $500.00 bond? 6. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. Did D Inc have a responsibility to turn off the sprinklers, or make arrangements for t...

2. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...Ltd is dismissed. The claim by SN against T Ltd is dismissed. The claim by SN against IT is struck out because IT was not served with the claim. Reasons: 1. In or about August 2022, J Ltd listed its [vehicle] for sale on [the online platform]. On or about 29 August 2022, SN confirmed the purchase of [vehicle] for $37,000.00, by using [the online platform]. 2. Between 29 August 2022 and 5 September 2022 there were some brief messages between SN and IT on behalf of J Ltd. T...

3. Form 23 Criminal legal aid fixed fees A-C [pdf, 388 KB]

   Templates V12 – August 2017 page 1 08/17 form 23 Legal aid file no. Tax Invoice Criminal Legal Aid Fixed Fees Schedules A-C Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Provider number Firm number Court type District Court High Court Court location Details of claim Date act...

4. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

   ...the importance of the various taōnga being found within the rohe claimed by that tribe. Further reference was made to historical associations and connections with the area following the migration of the 1820s. Te Atiawa representatives also requested further hui to be held at local marae to consider the application. Submissions for Muaūpoko [14] All Muaūpoko claimants underscored the longevity of the tribe’s association with the Horowhenua and lower North Island region. Mr...

5. [2017] NZEmpC 48 Prasad and Tulai v LSG Sky Chefs NZ Ltd [pdf, 148 KB]

   ...the written record of those terms upon which each plaintiff relies. [7] The grounds of the application are first, that the plaintiffs have failed to respond to a notice requiring further and better particulars and secondly, the particulars requested are required in order to fully and fairly inform the defendant in relation to the nature and basis of the plaintiffs’ claims. The defendant claims that it needs to know how the plaintiffs plan to establish the elements of an employm...

6. Wilson v Welch [pdf, 53 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL Claim No: 04734 UNDER the Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an Adjudication BETWEEN NEVILLE WILLIAM WILSON and PAUL CECIL WASHER as TRUSTEES for THE NEVILLE WILSON FAMILY TRUST Claimant AND PAUL WELCH and SUZANNE WELCH First Respondents AND ROBIN BAILLIE (Removed) Second Respondent AND GRANT KNOWLES Third Respondent AND GIANNI MARCHESAN Fourth Respondent AND GRAEME JOHNSON (N...

7. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000117 [2012] NZWHT AUCKLAND 41 BETWEEN ROBYN COLEMAN AND PATRICIA BAMFORD Claimants AND AUCKLAND COUNCIL First Respondent AND RONALD ANTHONY URLICH AND JANICE WILMA URLICH (Bankrupt and Removed) Second Respondents AND GRAHAM HAYHOW (Deceased and Removed) Third Respondent AND JOHANNES LAURENTIUS APERS Fourth Respondent Hearing: 19 July 2012; closing submissions 26 July 2012 Appeara

8. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...preceding paragraph, it follows that I also find that EB Ltd is not liable to pay the whole or any part of the amount claimed by D Ltd. I therefore dismiss the claim. Referee: PJ Ferguson Date: 13 August 2019 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to...

9. FB and QB v HD Ltd [2021] NZDT 1445 (10 November 2020) [pdf, 264 KB]

   ...intended to cover the force majeure event. The Court or Tribunal may, if it is just to do so, also allow a party who has incurred expenses before the time of discharge to retain those expenses including any reasonable overhead expenses and any services performed. 5. The issues to be decided can be stated as follows: (i) Did the contract, on its true construction, intend to cover the event in question? (ii) If not, was the contract frustrated? (iii) If so, is it just that HD Limite...

10. O Ltd v U Ltd & Z Ltd [2023] NZDT 655 (5 December 2023) [pdf, 122 KB]

    ...obliged to provide the truck to O Ltd in any particular condition. It was only obliged to provide a vehicle with a current COF. 1 Section 137(1) CCLA 2 Section 24 CCLA CI0301_CIV_DCDT_Order Page 3 of 4 22. Therefore, the issues that form the basis for O Ltd’s claim for compensation on the grounds of mistake, are the issues that were present when Z Ltd [Town] carried out its COF inspection and that were issues that Z Ltd [Town] should have failed. 23. At the hearing...