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1. FD v B Ltd [2021] NZDT 1714 (23 December 2021) [pdf, 152 KB]

   ...Omissions 4.1 The Client acknowledges and accepts that the Contractor shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s); (a) resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Works” 17. B Ltd discovered that it had made a mistake in...

2. Fox-Warren v Accident Compensation Corporation (Treatment injury/Revocation of Cover) [2025] NZACC 116 (16 July 2025) [pdf, 176 KB]

   ...address the ongoing pain in her tooth. Mr Goga observed that Ms Fox-Warren had recently had a root canal and diagnosed the pain as “chronic apical periodontitis associated with tooth 17”. Dr Goga did not observe signs of a facture. Dr Goga performed a further root canal. [3] On 12 April 2021, Dr Paul Scott, Dentist, treated a fracture in Ms Fox-Warren’s tooth. [4] On 4 August 2021, Dr Scott filled Ms Fox-Warren’s tooth 17. [5] On 1 February 2022, Ms Fox-Warren’s toot...

3. [2014] NZEmpC 148 Ngawharau v Porirua Whanau Centre [pdf, 53 KB]

   ...Knowsley, counsel for the defendant Judgment: 14 August 2014 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD [1] The plaintiff, Mr Ngawharau, was initially represented in this proceeding by a lay-person, Mr C Moses. The statement of claim Mr Moses filed was defective. In the course of a telephone directions conference on 8 July 2014, Mr Moses informed the Court that Mr Ngawharau was in the process of engaging legal counsel to represent him. On the same day, I issued...

4. EMPC Form 2C - Notice accompanying statement of claim served outside NZ [doc, 28 KB]

   Form 2C Notice accompanying statement of claim served outside New Zealand Schedule 3, clause 5A, Employment Relations Act 2000 1 The plaintiff named in the attached statement of claim has commenced proceedings against you by filing a statement of claim in the Employment Court. 2 Even though you are outside New Zealand, the Court may hear and determine these proceedings. It may do so if the proceedings come within its jurisdiction. The grounds on which the plaintiff says that the proceeding...

5. [2010] NZEmpC 109 Rolling Thunder Motor Co Ltd v Kennedy [pdf, 34 KB]

   ...services from other businesses in the BarterCard scheme. It operates in a similar way to company credit cards. 8 The Plaintiff agreed to open the account with BarterCard. 9 To make the BarterCard scheme more relevant to the Plaintiff the Defendant requested that some employees of the Plaintiff (including herself) have their own personal accounts on the Plaintiff’s BarterCard account. This would allow them to make personal purchases for themselves and the employees would then reimb...

6. Kīngi v Eru - Whakapoungakau 24 (2014) 111 Waiariki MB 20 (111 WAR 20) [pdf, 146 KB]

   ...to the Registrar, Mr Dowthwaite raises a claim that beneficial owners may have been used to either participate in the last meeting or induced to vote in a particular way by a payment referred to in his letter as an amount of $30. Mr Dowthwaite requests that an urgent investigation be conducted into these allegations. He also refers to the potential if inadvertent involvement of court staff. He says that Mr Kīngi is concerned that the election outcome may have been comprised by this...

7. LL v DD Ltd [2017] NZDT 1453 (12 October 2017) [pdf, 209 KB]

   ...quality if a stool that she used daily resting on the carpet caused a hole to wear in the carpet. Further she disputed that her dog, which is a Maltese puppy, did or could have caused the other bald patches in the carpet. LL claimed that she had been informed that “bonding delamination” was probably the cause of the patches, therefore the carpet was defective. 6. However I am unable to find that there has been a breach of the guarantee of acceptable quality in this case for reaso...

8. KB v MY [2019] NZDT 1390 (29 May 2019) [pdf, 230 KB]

   ...MY is to pay the sum of $11,891.60 (including $700.00 insured loss) directly to J Limited on or before 19 June 2019. (I note that the contents of Mr Y’s counter-claim were heard at today’s hearing even though it does not appear to have been formally lodged – I am not requiring it to be formally lodged because of the liability finding made in this decision) Reasons 1. Ms B and Mr Y were the drivers involved in a collision on N Rd in May 2018. They had both been travelling nort...

9. DM Ltd v GD Ltd [2022] NZDT 188 (30 September) [pdf, 99 KB]

   ...conclude that the landlord is not contractually responsible for the damage caused by the fire, and the claim against the landlord must be dismissed. Referee: E Paton-Simpson Date: 30 September 2022 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 at the time. If you wish to apply for a...

10. SI v HD Ltd [2023] NZDT 58 (25 January 2023) [pdf, 225 KB]

    ...not have been included as income. However, I do not discount the overall findings of the report that HD Ltd’s affordability assessment was correct at the time the loan was made and some responsibility lies with SI in providing full and accurate information when applying for a loan. 24. In hindsight SI could have well benefited from SM’s obvious skills and assistance prior to applying for the loan. 25. While I acknowledge that SM does not accept FSCL’s reasoning, and consider...