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1. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

   ...XC in a document dated 9 May 2022. The digger remained in N Ltd’s possession while it sourced parts, and eventually repair work was completed. N Ltd’s total invoice, dated 9 May 2023, was for $6,354.30. XC had contacted ON on 16 March 2023 to inform him that defects had been found in the digger, and had requested a contribution to the cost of repairing them. [4] XC said that he had not expected to pay so much to N Ltd, but the costs had increased as N Ltd had found problems with the...

2. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

   ...for historical disputes processes when I was invited to contribute to the African National Congress debate on policy in Johannesburg and later, when the ANC assumed power, to the Constitution debate in Cape Town. The new Republic opted for both forms, a formal Claims Court for ‘black spot’ removals under apartheid post-1914 and the less formal Truth and Reconciliation process for the larger historical issues. However, unlike our process, the South African reconciliation did not...

3. 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...

4. 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 $...

5. Shankar v Ahuja [2015] NZIACDT 36 (31 March 2015) [pdf, 188 KB]

   ...complying application. [2.5] The complainant instructed Mr Ahuja to complete the renewal of passports and attended to matters to allow him to lodge the application for a second time. [2.6] Immigration New Zealand gave Mr Ahuja time to provide further information relating to passport renewal, which was in his own control as he had the complainant’s instructions to deal with the passport renewals. [2.7] Mr Ahuja, in the face of strict time limits, failed to comply with Immigration New...

6. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

   ...that Mr Hart suffered neck or thoracic sprains during his accident on 31 October 2021. [4] In October 2013, Mr Hart suffered an accident when he was hit by a falling scaffolding pole, causing injuries to his back and neck. [5] An ACC injury claim form was lodged on 21 October 2013 with the accident date given as 11 October 2013. In the claim form, the accident description was: Large scaffolding pole fell onto back, neck, and skull. Still … pain and numbness in hand and shoul...

7. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...assessor’s report was completed. [3] The assessor’s report concluded that there were a number of construction defects in the property including: (a) Inadequate installation of the cladding through lack of movement control joints, poorly formed external corners and poorly formed vertical cladding joints resulting in cracking. (b) Inadequate installation of the door and window joinery. (c) Insufficient coating protection. (d) Insufficiently constructed cladding bas...

8. 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...

9. 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...

10. 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...