Search Results

1. 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...

2. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

   ...the engine returned from its rebuild and subsequent repair with R Ltd with low oil pressure issues. B Ltd paid R Ltd a total of $13,336.69 for their work. SD sent the vehicle to NH in [city], who had extensive engine rebuild experience in high performance environments, to have the engine’s work assessed and repaired. NH provided a report dated 22 November 2023, gave evidence at the hearing on 17 January 2024 and provided a follow-up report dated 16 April 2024 in response to witnes...

3. [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...

4. G Ltd v D Ltd [2025] NZDT 222 (9 June 2025) [pdf, 192 KB]

   ...him and wrote “I just want to address a comment made to [employee] about not getting enough jobs. We made the decision to offer free jobs and paid you for them to help get you started, ensuring you didn’t start from zero. However, you seem to request jobs as if you were employees of ours”. KT promptly responded quoting from the documentation he was provided with, which stated “franchise operators are allocated a number of regular clients to service on joining D Ltd…”. 1...

5. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

   ...December 2016 in respect of file reference C/28386. In this Certificate the Commissioner certifies he conducted an investigation into the question whether Corrections provided Mr Tai Rakena with all the information he requested on certain PC.01 forms, being PC.01 4001501; PC.01 401032 and PC.01 401143. In these proceedings a case management teleconference was held on 12 May 2017 but the timetable then made will not expire until 1 September 2017. Thereafter the proceedings will be hear...

6. LCRO 47/2014 HJ v GK [pdf, 93 KB]

   ...returned, to the writer’s offices, by 5pm Wednesday, 28 August 2013 (note, no extension of time shall be granted), failing which appropriate action will be taken through the relevant authorities without further notice to you. [7] Mr HJ responded claiming ownership of the forms, and rejecting the Directors’ claims. [8] Mr GK replied on 30 August 2013, describing Mr HJ’s claim to ownership as “ludicrous” and, on behalf of the Directors, rejected his explanation. Mr GK’s let...

7. ED v S Ltd [2025] NZDT 151 (27 May 2025) [pdf, 200 KB]

   ...the Disputes Tribunal for a refund of money paid. It is for the Tribunal to determine if the facilities were as advertised or whether ED was misled. Was the advertisement for the rooms misleading? 3. When advertising rooms on any booking platform, S Ltd, as the owner of the facility, has an obligation under the Contract and Commercial Law Act 2017 and the Fair Trading Act 1986 to ensure any statements and advertisements accurately reflect the standard of accommodation so as not...

8. P Ltd v AH & LH [2023] NZDT 51 (31 January 2023) [pdf, 120 KB]

   ...Ltd introduce the purchaser to TC? 3. The general law of contract applies. A contract, or legally binding obligation, is created by an offer, acceptance, exchange of value, and an intention to create legal relations. 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. What was agreed is looked at objectively, i.e. by looking at what...

9. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...says that MD was warned on an earlier occasion that drug use in the house was not acceptable. KC says that the claim for cleaning arises only because MD continued to use drugs inside the house after this warning. 7. Contracts can come in many forms. Sometimes they are written, other times there is only a discussion or there may be a combination of written and oral terms. In addition, the law of contract allows for implied terms. Implied terms are those so obviously required that it i...

10. MX v X Ltd [2023] NZDT 251 (28 April 2023) [pdf, 241 KB]

    ...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 2023 Page 4 of 4 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 re...