Search Results

1. DQ v OR & SN [2024] NZDT 879 (19 August 2024) [pdf, 261 KB]

   ...the estate, and if so, how much? b. If so, is there any question of limitation that may prevent an order for payment of that debt now? Is DQ able to show that there is a debt owed to her by the estate, and if so, how much? 4. A loan is a form of contract. It does not need to be in writing to be enforceable. However, to create an enforceable agreement between the parties there must be a clear meeting of the minds, meaning that both parties intended that a legally binding relatio...

2. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

   ...provided in July to August 2022 in relation to the fire aspects of a Council Notice to Fix a three-storey building at [Address]. NC is the owner or trustee owner of the building, and B Ltd claims that it was initially instructed by her agent, BD. BD informed B Ltd on 28 July 2022 that his agency had been terminated, but B Ltd claims to have done some further work in following days dealing with NC’s nephew NN, who is an architect. 2. The issues to be determined are: a) Was B Ltd engag...

3. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

   ...the Court; the Court already has before it proceedings which are between the same parties and which involve the same, similar or related issues; in all the circumstances the case should be removed. 6 Section 178(3). The application must be in form 3. 7 See Practice Direction: Freezing and Search Orders, Chief Judge Colgan, April 2012. 8 H v A Ltd [2014] NZEmpC 92. 3 Consider alternatives – such as whether action in the District Court to enforce orders made in the Au...

4. PC v OR [2021] NZDT 1341 (8 April 2021) [pdf, 232 KB]

   ...thought it would only be possible to install extensions on the back part of her hair. 12. OR said that once PC had arrived for the appointment they discussed whether or not keratin bonds would work on the shorter sides of PC’s hair. OR said she informed PC that her hair was a bit short, but that they could try them, although some might drop. She also said she told PC that if they did install extensions over the whole of PC’s head, it would take up to 4 hours. She said PC respond...

5. LL & TH v KT & OC [2025] NZDT 118 (18 February 2025) [pdf, 231 KB]

   ...Court/Tribunal. 10. In this case LL and TH served a fencing notice on KT and OC on 1 July 2024. The notice set out that LL and TH wanted to build a fence as soon as possible and attached quotes for two different heights of fence. It included information required under section 10 of the Act. 11. KT and OC then served a letter which is dated 12 July and was received by LL and TH on 17 July. It says: Cross notice …. Take notice that we object to your ‘notice to fence’ dat...

6. Budget 2024 Full-List-of-Fee-Changes.pdf [pdf, 369 KB]

   ...to the court under any enactment $540 $702 3 Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table $1,350 $1,755 4 Filing a statement of claim between defendants $110 $143 5 Filing an amended statement of claim $110 $143 6 Interlocutory application (a) without notice (b) on notice relating to a proceeding to which item 2, 3, 46 or 48 applies (c) with notice (a) $200...

7. Zhang v Victoria University of Wellington [2023] NZHRRT 36 [pdf, 124 KB]

   ...something which combined with others makes up the whole (whether actually separate from the rest or not)”,2 and there is no reason for “part” not to be given its ordinary meaning. It is consistent with that definition for rooms occupied by RAs to form one part of the catered hall and rooms occupied by students under the age of 20 to form another. Even if, as Mr Zhang submitted, physical segregation is required, it could be argued that requirement is met in this case by the walls of...

8. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...over two weeks beginning on Monday, 15 March 2021. [2] This judgment deals with two urgent applications by the defendants made at a very late stage. As will be apparent shortly, the timing of them may be because of the recent disclosure of information by the plaintiff. [3] The first application to be dealt with is for a stay of proceedings for an alleged abuse of process. The second one is for security for costs. Chronologically, the application for security for costs was fir...

9. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

   ...charged for, on our account. 19 These questions need to be resolved and also bring into question the Invoicing practices and accountability of the expert witnesses used in our case. [83] I see nothing unreasonable about the applicants’ requests for clarification from the respondent. The invoices themselves were accompanied by no explanation whatsoever of the basis of fee calculation. The invoice information sheets subsequently provided were arithmetical gobbledegook, uni...

10. Rossi v Chief Executive of the Ministry of Business, Innovation and Employment (Strike-Out Application) [2016] NZHRRT 18 [pdf, 103 KB]

    ...bail by living with his girlfriend and was remanded in custody pending the trial. Mr Rossi claims he had no ability to preserve his immigration status while in prison. He also says he was advised by Immigration New Zealand (INZ) that he could only request visa waiver from the Minister under s 61 of the Immigration Act 2009. The Minister declined to consider that request. [2] Mr Rossi was found guilty on one charge of assault and was sentenced to a term of imprisonment for a period of eig...