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1. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

   ...NZEmpC 148 at [117]. 2 JP Morgan Chase Bank, N.A. v Lewis (also cited as JP Morgan Chase Bank NA v Lewis) [2015] NZCA 255. 3 Lewis v JP Morgan Chase Bank, N.A. [2013] NZERA Auckland 18. [3] The defendant’s submissions in support of its claims for costs against the plaintiff Robert Lewis are lengthy and comprehensive. [4] First, the defendant JPMorgan Chase Bank, N.A. (the Bank or JPMorgan) says that in view of its success in the Court of Appeal, Mr Lewis should pay it...

2. Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (2016) 55 Takitimu MB 142 (55 TKT 142) [pdf, 187 KB]

   ...the trust employs an accountant at significant cost who participates in decisions even though he is not a trustee. [13] In addition, she argued that the grants for 2016 were the sole responsibility of the accountant who changed the application forms outside of a trust meeting and dispersed the forms to the applicants and received them at his home. Because she thought the accountant was unwell she took the applications with her to review them. Sandra Matenga claims that she then dis...

3. NT & BT v HM [2024] NZDT 694 (20 September 2024) [pdf, 195 KB]

   ...stated “[the horse] is a quality horse with loads of talent. He has competed in Showjumping to 1.15m, Level 1 Dressage and local pc events all with success…”. They considered this meant there was a high likelihood he could return to this kind of form. 2. However, NT and BT say that they have tried all means possible for [the horse] to achieve that potential and contend that HM misrepresented [the horse]’s previous level of success to them. They initially claimed a refund of $...

4. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...entitled to payment of invoices totalling (now) $3,184.51? d. Is S Ltd entitled to interest and collection costs of $1,537.67? In relation to the invoices, who were the contracts between? 6. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. 7. I find, and the parties agree, that: a. the truck in question belonged to K Ltd and the investigative and repair work on the t...

5. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...take into account BC’s submission that the incident happened in a split second. I also take into account that BC had to hit his brakes causing his wheel to lock and also hit the hazard lights and reversed. There was no other evidence of any other form of warning. 29. For these reasons I am satisfied that it is more likely than not that BC did not give any warning to TH. If not, did TH contribute to the collision? 30. BC said that TH should not have followed him but should hav...

6. A Ltd v X Ltd [2021] NZDT 1661 (14 November 2021) [pdf, 210 KB]

   ...Does the cleaning invoice properly reflect the hours worked? d. Is A Ltd entitled to the $2,650.19 claimed, or to any other sum? What were the terms of the contract between CL and A Ltd? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...

7. [2020] NZEnvC 026 Burgoyne v Northland Regional Council [pdf, 98 KB]

   ...question of costs can be reserved in that matter until resolution of that appeal". 3 [7] There was no claim for costs from the Department of Conservation and nor has any application been filed subsequently. [8] The Users Group has now requested the Court consider cost issues. Basis for a claim against the Regional Council [9] Only Mr Burgoyne could possibly be seeking an order against the Council although he is not specific in his email. [1 O] This is a matter on which...

8. CEIT Annual Report 2022 [pdf, 446 KB]

   ...policy. The effect of conditional settlement agreements [36] An insurer and homeowner had agreed to a settlement with conditions allowing for an additional payment should enhanced foundations be required once the rebuild was underway. The homeowner requested, and the insurer granted four extensions to complete the foundation assessment. A fifth request for an extension was declined, and the homeowner applied to the Tribunal. The Tribunal found that the insurer was not required to g...

9. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...rent means that over the three year term of the Smailes' lease the plaintiff received $13,876.98 plus GST less than under the former lease. The plaintiff attributes this reduction in rent to breaches of covenant by the defendants and this forms the basis for the claim. Hearing of Application A judicial conference between the parties was held on 27 July 2000. This dealt with procedural matters. The application was then set down for hearing on 30 November 2000 and is recorded a...

10. Body Corporate 180379 and Unit Owners of Fox Terrace Apartments v Auckland Council procedural order [pdf, 40 KB]

    ...Council in respect of Unit F is not statute barred. They say that the multi unit claim which incorporated the 12 existing claims is effectively one claim filed on one date, and not a series of different claims being dealt with together. Unit F forms part of this one claim and therefore cannot be separately statute barred. 10. It is the view of the Tribunal that the provision in the 2006 Act allowing representative claims in respect of multi-unit complexes to be brought is...