Search Results

1. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

   ...assessment of the course content as well as having personal reasons for withdrawing unrelated to the delivery of its course. Z Ltd has highlighted the course is popular nationally and fully accredited by NZQA. 3. Having considered all of the information before me including the explanations of PR and NB for Z Ltd at the hearing, on balance I consider it more likely than not PR is entitled to a refund. This is for the following reasons: a. It is not disputed that PR withdrew from...

2. Waters v Alpine Energy Ltd (Discovery No. 2) [2015] NZHRRT 7 [pdf, 73 KB]

   ...which the letter was sent. Otherwise the letter is to be released to Mr Waters in its entirety. Letter of acceptance dated 23 April 2012 from Mr Carter to Alpine Energy [25] In this letter Mr Carter accepted the offer made by Alpine Energy but requested that consideration be given to various personal matters affecting the terms of employment. As those matters are not relevant to the proceedings they are to remain confidential and are to be redacted. [26] However, in paras 5 and 6...

3. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...The Commissioner of Inland Revenue (1997) 18 NZTC 13,001 (HC). 17 At 13,017. 18 At 13,018. [60] She confirmed that whilst Mr Gillespie had taken primary responsibility for the disclosure process with regard to the documents currently requested, in every instance where IR proposed to withhold a document for reasons of relevance, oppression or under the TAA, Mr Gillespie, Ms Rapley, and senior tax lawyers had met with and discussed each requested item in detail with Ms Horns...

4. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...district Māori Land Court, pursuant to section 214 of the Act, to create and vest his interest in the land known as “Lot 1 DP149622 Blk II Mangawhai SD” into the trust. 6. The grounds for the application were stated as being: I wish to form a Whānau Trust for myself and my children to protect their interests and have a place they can come home to and connect with one another in the future. The buildings on the property are to be included in this trust also. 7. Fil...

5. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...Kauika-Stevens was completed on his own. [41] In relation to the shed, Mr Wirihana-Tawake advises that this is now used to store urupa equipment, for which he states approval was given at one of the marae trust meetings. The trustees have previously requested Mr Kauika-Stevens remove his own equipment from the shed, which has been refused. He submitted, contrary to the applicant’s evidence, that the shed is not part of the dwelling at issue. [42] Mr Wirihana-Tawake supports th...

6. DT v BQ Ltd [2022] NZDT 22 (15 February 2022) [pdf, 183 KB]

   ...to all or any of the $400.00 claimed? 16. Where there has been a misrepresentation established, a party is entitled to seek damages. The object is to place the aggrieved party in the position that they would have occupied had the contract been performed as originally agreed. 17. DT seeks compensation, not a full refund. She paid $1,350.00 and $110.00 cleaning fee when she booked the property. She acknowledges she stayed on for the period she was booked in to stay. However, part of the...

7. X v Y Ltd [2021] NZDT 1425 (18 March 2021) [pdf, 224 KB]

   ...c) Are Mr and Mrs X entitled to payment of the legal costs claimed? Has Y breached the Management Agreement by reducing the weekly management fee payments to Mr and Mrs X between 3 April & 28 August 2020? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss to the other party to the contract. 5. Mr and Mrs X had a Management Agreement with Y dated 7 November 2016 (the Agreement) unde...

8. BH v MW Ltd [2023] NZDT 35 (28 March 2023) [pdf, 198 KB]

   ...Should BH be granted relief or compensation and if so, how much? 6. A party to a contract may cancel the contract if, by words or actions, the other party to the contract repudiates the contract by making it clear that that party does not intend to perform its obligations under the contract (S.36 Contract and Commercial Law Act) or if the other party to the contract breaches a term of the contract (S. 37 CCLA). 7. The cancelling party may apply for relief (S.43 and 45 CCLA) and or dama...

9. J Ltd v UX [2023] NZDT 506 (25 September 2023) [pdf, 179 KB]

   ...12. As J Ltd has not proven that UX breached a term of an agreement, it is not entitled to the order that it seeks, and its claim is dismissed. Referee: K Cowie DTR Date: 25 September 2023 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...

10. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

    ...a photo in evidence apparently alleging it to be a photo of SB, which he denies; and c. XQ Limited’s appeal system is unsatisfactory, not user-friendly, and does not allow a Page 2 of 3 reasonable number of attempts to lodge information. 8. On the evidence however I am not satisfied SB has proven these concerns breach a standard of reasonable care and skill. I say that for reasons including: a. SB’s evidence confirms he shopped at [the supermarket] that day and...