Search Results

1. ET & DT v CP Ltd [2022] NZDT 222 (29 November 2022) [pdf, 97 KB]

   ...unreasonable or significant cost on ET and DT. 14. I therefore find that the responsibility for the collection of the cabin from ET and DT lies with CP Ltd. Referee: R Merrett Date: 29 November 2022 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...

2. UL v TS [2024] NZDT 302 (27 March 2024) [pdf, 131 KB]

   ...damage UL’s vehicle and therefore, she is not liable for any damage it suffered. 17. Given this conclusion it is not necessary to consider the other issues. Referee: Souness - DTR Date: 27 March 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...

3. LZ v I Ltd [2023] NZDT 174 (22 May 2023) [pdf, 178 KB]

   ...I am satisfied that while the gift cards were promotional offers as part of the deal to entice customers, they were not contractual in nature because there was no “consideration” or money paid for their purchase. Because the gift cards did not form part of the contract for the drone and product care, there can be no breach of a contract for failing to return the value of the cards as requested. 12. I further take into account that the promotional cards are called “gift cards” wh...

4. KG v D Ltd [2023] NZDT 705 (19 December 2023) [pdf, 176 KB]

   ...loss of the goods. If so, is KG entitled to all or any of the $1,237.00 that is claimed? 8. A party is entitled to seek damages. The object is to place the aggrieved party in the position that would have been occupied had the contract been performed as originally agreed. 9. I am satisfied that the costs to repair the cabinet are reasonable. I find that D Ltd is pay KG $1,237.00. Referee: D Alofivae Date: 19 December 2023 Page 3 of 3 Information f...

5. E Ltd v O Ltd [2023] NZDT 721 (1 December 2023) [pdf, 92 KB]

   ...applicant to prove their claims on a balance of probabilities. Although I have reviewed all the evidence and submissions, I have only referenced what I find necessary to give context to my decision. Did O Ltd breach the contract? 5. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of a contract define the rights and obligations of the parties. 6. A breach of a c...

6. [2012] NZEmpC 139 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 59 KB]

   ...affidavits have now been served upon the defendant’s solicitors and copies of the documents that are described in the IT expert’s report are soon to be provided to the plaintiff and the defendant. The defendant’s solicitors, Norris Ward McKinnon, requested that they be permitted to review all the documents obtained to determine what documents might be subject to legal privilege or any other possible objection to disclosure. Ms Dew indicated that the plaintiff would consent t...

7. BORA Support Workers (Pay Equity) Settlements Amendment Bill [pdf, 222 KB]

   ...the principal Act. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 7. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. Clause 19 amends section 19 of the principal Act...

8. Mollett v Accident Compensation Corporation (Suspension of Weekly Entitlement and Delay) [2023] NZACC 112 [pdf, 263 KB]

   ...refer her for a SPECT CT scan of her back, to look for ongoing inflammation in her facet joints. Dr Armstrong said that, if the bone scan was negative, he would look into her hip as a possible source of her pain. Dr Armstrong stated that he had requested that Ms Mollet’s hip be added to her ACC claim. Dr Armstrong certified Ms Mollet as unfit for work until 1 July 2020. [25] On 29 May 2020, the Corporation asked Dr Armstrong to provide a READ code and side regarding his reques...

9. [2014] NZEmpC 8 Nelson v Katavich [pdf, 49 KB]

   ...2013, I held a directions conference with counsel at which it was agreed that disclosure could only be finalised after amended pleadings had been filed. I set a timetable for that to be done and directed that all parties were to respond to the requests for disclosure within 5 working days after service of the statement of defence to the amended statement of claim. 1 [2013] NZERA Christchurch 35. [8] In the course of that con...

10. OD v TD [2023] NZDT 535 (25 October 2023) [pdf, 205 KB]

    ...year term of the tenancy. TD moved into the Property on or about 23 May 2022. 3. During early October 2022, OD told TD that she had decided to leave the Property to move in with her parents. On 6 October 2022, OD and TD signed a Change of Tenant form with the Property Manager which recorded that OD would leave the Property on 30 October 2022 and TD would become the tenant of the Property. The Bond Centre was advised of the change of tenant so that the Bond could be transferred into TD�...