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1. DT & Ors v MU [2025] NZDT 24 (17 January 2025) [pdf, 182 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [the horse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [the horse] appears to have had a latent condition that only became evident after the sale. The ve...

2. BB v TS Ltd [2024] NZDT 828 (15 October 2024) [pdf, 196 KB]

   ...surface, the rot is under the ground. BB considered that subsequent builders were easily able to find the rot, however, they had the advantage of being able to remove the cladding and removed the sand to expose the pile. TS Ltd was not engaged to perform that service, but rather was to provide an opinion only on what it could see. I find that TS Ltd provided what it agreed to and provided no opinion of the condition of the piles below the ground level. I am therefore satisfied that TS...

3. TM v D Ltd [2024] NZDT 494 (3 July 2024) [pdf, 202 KB]

   ...D Ltd had done. He said that therefore D Ltd had removed signs that it had not supplied. 12. However, there is no evidence to support TM’s claim that he rejected the signs for being the wrong colour of blue and D Ltd said it had never been informed of this concern prior to the hearing at the Disputes Tribunal. 13. The written evidence supplied by D Ltd supports this interpretation as there are a number of messages from TM suggesting he would pay for the work, including an email...

4. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...standard ratios). [49] Similar calculations based on the same ratio were used by Mr Wyatt in advancing his complaints about his salary in a lengthy and detailed memorandum to Simpson Grierson dated 15 May 2002. [50] Mr Wyatt subsequently made requests to Simpson Grierson under the Privacy Act 1993 for disclosure of all personal information the firm held about him. He said that one of the documents he received in or about February 2003 showed the salary of one of his former collea...

5. 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...

6. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...valuable consideration (or quid pro quo) passes between the parties; and where there is an intention to create legal relations. Once these elements are present, there will usually be a legally binding contract. [43] Once a valid contract is formed, the courts are reluctant to intervene and supervise the agreement made by the parties. Equally, the courts will not disturb the bargain struck, even if manifestly unfair to the reasonable, objective person. The obvious exception to th...

7. [2015] NZEmpC 228 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 177 KB]

   ...and notes of telephone conversations between the directors of the first respondent and managers of the first respondent in relation to the exercise of statutory rights of access by the applicant. [15] The Authority dealt originally with that request by SPML and Mr Talley as follows: [4] … by application filed in the Authority on 9 April 2015, the Union sought a direction under s.160(1)(a) of the Employment Relations Act 2000 (the Act) requiring both respondents to forthwith pr...

8. [2021] NZACC 128 - CM v ACC (04 August 2021) [pdf, 147 KB]

   ...Christchurch/Otautahi Appearances: The appellant in person Mr C Light for the respondent Judgment: 4 August 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Section 360(1) – Claim for cover under former Acts filed after 1 April 2002 Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is a decision dated 26 July 2019 from the...

9. Form-204w-Application-for-an-attachment-order-FINAL-9-December-2024-v2.pdf [pdf, 448 KB]

   MOJ 204 October 2024 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt 0800 233 222 PAGE 1 OF 9 When should I use this form? This form lets you apply to recover a judgment debt directly from the judgment debtor’s income. Use this form if all the following apply: • you are either the judgment creditor or the judgment debtor. • the money owed in a judgment or court order has not been paid. • you are able to provide information set out in Section A, suc...

10. [2012] NZEmpC 207 Hutton and Others v Provencocadamus Ltd (in receivership) [pdf, 252 KB]

    ...advising that Ms Makaea (payroll administrator) had taken over responsibility for “processing the 11 Emphasis added. Payroll for all ProvencoCadmus staff effective from 11th August”, and requesting receipt of leave application and Inland Revenue forms (amongst other things). Mr Corrick sent out a further email later that day, having first passed a draft through Mr Gibson. 12 It emphasised that the “ProvencoCadmus” payr...