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1. EN v T Ltd [2023] NZDT 726 (20 December 2023) [pdf, 175 KB]

   ...installed this part at no cost to EN. When EN raised concerns about the life expectancy of this part they offered to extend the warranty on it. This replacement unit had undergone testing and inspection and it was fully capable of meeting the expected performance standards. CI0301_CIV_DCDT_Order Page 2 of 3 7. The law relating to this claim is the Consumer Guarantees Act 1993. The Act requires goods to be of an acceptable quality. If goods are not of acceptable quality then the...

2. OT v KD [2024] NZDT 49 (15 February 2024) [pdf, 197 KB]

   ...car was $4,339.61. Together with towing and storage costs, J Ltd’s loss totals $15,896.78. That is the sum, therefore, that KD must pay to J Ltd. Referee: C Hawes Date: 15 February 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...

3. HN v DM [2024] NZDT 864 (28 August 2024) [pdf, 194 KB]

   ...NZDT 864 APPLICANT HN RESPONDENT DM The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2022 HN purchased a car from DM after seeing it advertised [online]. 2. HN claims DM’s son BM informed him via a text message (13 March 2022) ‘the engine check light comes on intermittently, my mother put a small amount of 91 in the vehicle and since then the light comes on. We have taken it to MB and the service manager said that it’s...

4. [2025] NZLVT 10 - Donald v Hastings District Council (19 March 2025) [pdf, 240 KB]

   ...NZLVT 010 IN THE MATTER OF an application under s 80(3) of the Public Works Act 1981 AND an application under s 22(2) of the Land Valuation Proceedings Act 1948 BETWEEN IAN DONALD JANET STEVENSON PAUL STEVENSON (ENV-2024-AKL-000262) Claimants AND HASTINGS DISTRICT COUNCIL Respondent Tribunal: Judge M J L Dickey, Chairperson Hearing: On the papers, sitting alone pursuant to s 19(8) of the Land Valuation Proceedings Act 1948 Last case event: 21 February 2025...

5. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...Mediation was subsequently arranged for 25 November 2014. [5] Before mediation took place an incident occurred involving a confrontation between Mr Lumsden and a customer. The customer lodged a complaint with Skycity. Mr Lumsden also raised a formal complaint. He believed that another employee had deliberately prompted the customer to provoke an attack on him, and that an emergency button appeared to have been deactivated immediately prior to the incident. By this stage Mr Lum...

6. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...reimbursement from the plaintiff of a share of the legal costs incurred in dealing with allegedly unlawful exports in an affair which became known as “powdergate” and which is said to have cost Fonterra almost $1.5 million. [4] The plaintiff claims to have been employed by Kiwi Co-operative Dairies Ltd (Kiwi), a company which was one of those amalgamated to form Fonterra so as to effectively make the plaintiff an employee of Fonterra. In response, Fonterra alleges that the p...

7. [2017] EmpC 156 Coomer v JA McCallum & Son Ltd [pdf, 309 KB]

   ...Coomer returning to work as a driver was discussed at this meeting as it had been at the meeting on 16 February. The agreed statement of facts does not describe in any detail what occurred at this meeting but it was sufficient for Mr Coomer to request that Mr Proffit not supervise him. Mr McCallum declined that request. [8] On 15 April 2016, Mr McCallum wrote to Mr Coomer offering him a position working in the factory. The proposed hours of work were to be between 6.00 am and 9.0...

8. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

   ...inconvenience and costs. 3. As discussed at the meeting, we will need from each owner their conveyancing file. This is the file from your solicitor who acted for you when you purchased your unit. To that end, would you please fill in the enclosed form and return it to [TP] of this office. Her email address is [tp@ar.co.nz]. Once we have the form completed by you, we will send it to you[r] solicitor and obtain your conveyancing file. You need simply fill in your unit number, the...

9. [2016] NZEmpC 176 Radius Residential Care Ltd v The New Zealand Nurses Organisation Inc and Others [pdf, 97 KB]

   ...primary focus of its proceedings was the interpretation of the phrase “union meeting” in s 26 of the Act (and also in the parties’ collective agreement) on which issue the plaintiff was successful. Radius describes the penalties claimed as being “ancillary to the plaintiff’s request for declarations of breach of good faith”. [14] Nevertheless, I accept that the initially undefined amounts of penalties sought, in particular, against individual current staff was n...

10. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

    ...the [Suburb] District Court on 15 December 2017. [8] The proceedings were robustly defended. [9] In March 2019, [law firm] advised the District Court registry that Mr DG was proposing to file an interlocutory application for non-party discovery. Request was made that the proceedings be scheduled for a call over in April 2019. [10] A pre-trial settlement conference (to proceed by telephone) was scheduled for 8 April 2019. The parties were directed to file memoranda 3 days in advance o...