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1. [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...

2. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...concerns” about the trust. [14] Mr GL subsequently raised queries about the deductions made by Mr BT from the sale proceeds of his [suburb b] property. He queried the exchange rate. He said $32,297.07 was owed to him by the trust. He requested a breakdown of $52,650 deducted for “legal and administrative costs”.6 Complaint [15] Mr GL lodged a complaint with the Lawyers Complaints Service (LCS) on 26 March 2018 on which he elaborated in subsequent communications to t...

3. 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,...

4. Landon v Auckland Council [2011] NZWHT Auckland 70 [pdf, 131 KB]

   ...necessitated a full reclad: a) lack of vertical control joints within the wall cladding, b) lack of clearance between cladding and adjacent ground and between the cladding and the deck surface, Page | 3 c) solid deck barrier being formed without a membrane or other protection to the top, and d) a fireplace protection where the top of the cladding is used inappropriately as a roof. The Council cross-claims against the second, fourth and fifth respondents and l...

5. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...that she is entitled to any compensation for reasons which include the following: a. The terms and conditions of the contract between L Ltd and B Ltd for the provision of card payment services are contained in three documents; the application form signed by the customer (L Ltd), the B Ltd Merchant Services Terms and Conditions document, and the B Ltd Merchant Operating Guide. Part of the application form requires the customer to agree to the other two documents (as well as some others...

6. KD v SS [2021] NZDT 1409 (28 January 2021) [pdf, 203 KB]

   ...estimate the costs and the date the work is to commence1. 4. At the hearing, KD presented evidence of the notice that was sent to SS and NS on 11 September 2020. It was accepted that the notice was detailed and met the requirements of the 1 Form 1 in Schedule 1 of the Fencing Act 1978 is given as a guide to the type of information that should be included in a fencing notice. The applicant may use this form or something to the like effect. CI0301_CIV_DCDT_Order Page 2 of 4 FA....

7. DQ v CC [2024] NZDT 22 (28 February 2024) [pdf, 192 KB]

   ...consider repair costs further and I dismiss the claim. Referee: J Costigan Date: 28 February 2024 CI0301_CIV_DCDT_Order 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 r...

8. NB v U Ltd [2023] NZDT 310 (9 June 2023) [pdf, 211 KB]

   ...impact of the smashed window and/or glass pieces left in the door frame, could have affected the operation of the window. 8. When asked specifically about the timing of the window stopping working immediately after the break-in,LT gave no detailed information to support his stated view that the fault was unrelated to the break-in. 9. Given the compelling inference to be drawn from the timing of the window control failure immediately after the window was smashed, I do not consider...

9. S Ltd v D Ltd [2024] NZDT 850 (14 November 2024) [pdf, 92 KB]

   ...Ltd during the hearing, KB queried whether in fact the cable in question is ‘ruggedised fixed fibre service lead’ or one of the other types of table listed, half of which have a minimum cover requirement of 450mm. 8. In any event, on the information and evidence available, I find that D Ltd has not provided sufficient evidence to prove that S Ltd breached its duty of care because there is no evidence as to whether there is any variation in expected or reasonable practice depending o...

10. DT form 6: Notice of objection of enforcement order [pdf, 1.2 MB]

    Z Page 1 For more information visit www.justice.govt.nz/tribunals DT 07/11 - 6 What is this form for? Use this form to object to an application made to the District Court for the issue of any process to enforce an order - • requiring you to pay money as an alternative to compliance with a work order; and • that you believe that you have already complied with. Completing and submitting this form 1. Fill in all sections below. 2. Print in CAPITAL LETTERS. 3. A notice of objection may on...