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1. CU & OU v DX & Ors [2024] NZDT 790 (28 September 2024) [pdf, 205 KB]

   ...Council drainage system. In this situation I make the observation that such an easement is a right to drain stormwater and is not an obligation to do so. Referee: C Murphy Date: 28 September 2024 Page 3 of 3 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 at the time. If you wish to apply for a rehe...

2. DT & Ors v MU [2025] NZDT 1 (17 January 2025) [pdf, 97 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [Racehorse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [Racehorse] appears to have had a latent condition that only became evident after the sale. The ve...

3. TUW & TJW v TX & HL [2024] NZDT 358 (10 May 2024) [pdf, 186 KB]

   ...chattels to go with the property. Both parties agreed the gate was not listed as a chattel. Conclusion 8. For the above reasons, the claim is dismissed. Referee: L Thompson Date: 10 May 2024 Page 3 of 3 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 at the time. If you wish to apply for...

4. ID v M Ltd [2025] NZDT 247 (10 June 2025) [pdf, 181 KB]

   ...contracting parties are expected to be reasonably resilient. I have awarded $500.00 for mental distress, bringing the total damages to $7,760.00. E Paton-Simpson Disputes Tribunal Referee 10 June 2025 Page 3 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 at the time. If you wish to apply for a...

5. Family-Fixed-Fees-Schedules-July-2020-Updated-18-December-2023.pdf [pdf, 473 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity Fe...

6. IC v QX LCRO 243 / 2010 (17 August 2011) [pdf, 85 KB]

   ...sent to the Applicant’s client a copy of a letter he had sent to the Applicant. The covering note read: “I enclose for your information a copy of a letter sent to your solicitor.” The Respondent stated that this was done at the specific request of his client. In considering this complaint the Standards Committee took into account the intent of the letter and the accompanying cheque and stated: “The Committee formed the view that in this instance sending a carbon copy of...

7. BT v DC [2020] NZDT 1334 (10 August 2020) [pdf, 200 KB]

   ...“bailee” of the funds, to do so. (b) Ms T had no idea that the money was to be put into a joint account, where it could be removed by Ms C. (c) The money received by Ms C was therefore paid to her under a mistake. (d) In the absence of any information to the contrary, it would be unjust for Ms C to keep Ms T’s money. It was not Ms C’s money and was never intended to be paid to her. (e) However, the Tribunal must then consider the defences raised. (f) In assessin...

8. AI YK v LS [2021] NZDT 1709 (7 December 2021) [pdf, 222 KB]

   ...on the claim and counter-claim? 23. As the counter-claim has been dismissed, LS is liable to pay $7400.83 on the claim. CI0301_CIV_DCDT_Order Page 4 of 5 Referee Perfect Date: 7 December 2021 Page 5 of 5 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 at the time. If you wish to apply for a reh...

9. NU v TE [2020] NZDT 1402 (25 November 2020) [pdf, 94 KB]

   ...NU’s loss? Did TE misrepresent the condition of the vehicle prior to or at the time of purchase? 3. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious,...

10. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

    ...is absolutely necessary. The defendant (Mr Kerr or the defendant) had been employed as General Manager of one of the plaintiff’s wholly-owned subsidiaries, Air Nelson Limited. On 4 February 2013, Mr Kerr gave notice of his resignation. He informed the plaintiff that on 5 August 2013 he intended to commence employment with Jetstar Airways Limited (Jetstar) in the position of Head of New Zealand. Since his resignation, Mr Kerr has served his notice period on what is called “ga...