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1. NC v X Ltd [2024] NZDT 274 (10 May 2024) [pdf, 205 KB]

   ...their distribution warehouse may have records of batches received, there is no system to identify what batch was sold to a particular customer. KB stated this is the same for all retailers. I accept that as being likely and reasonable. 8. NC has claimed $12000 in compensation, this figure being based on the likely profits made by X Ltd on NC’s past orders. However without evidence to support a loss, the amount of compensation claimed cannot be justified. X Ltd have offered a gif...

2. [2011] NZEmpC 73 Snowdon v Radio New Zealand Ltd [pdf, 143 KB]

   ...On Tuesday 14 June 2011, on the application of the defendant in WRC 8/09 (the fraud proceedings), I struck out all references to Mr Quigg or his firm Quigg Partners, Barristers & Solicitors, in the plaintiff’s second amended statement of claim dated 18 August 2010. The following are my reasons for so doing. [2] The second amended statement of claim in the fraud proceedings runs to 77 pages and contains also a schedule of changes made to the first amended statement of claim w...

3. DN v IL Ltd [2023] NZDT 644 (8 November 2023) [pdf, 200 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 644 APPLICANT DN RESPONDENT IL Ltd The Tribunal orders: 1. The claim is dismissed. 2. This order is to be emailed and posted to the parties. Reasons: 3. In August 2020 DN purchased a spa pool (‘pool’) from IL Ltd. IL Ltd supplied DN with a replacement pump in August 2022 after it failed. 4. Several months la...

4. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

   CI0301_CIV_DCDT_Order Page 1 of 6 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1439 APPLICANT KQ & WQ RESPONDENT EN & MN The Tribunal orders: The claim is dismissed. Reasons: 1. EN and MN wanted to subdivide their property and sell two sections. KQ and WQ entered a contract with EN and MN to purchase a section, subject to subdivision. The agreement had a sunset clause that allowed EN

5. CE v FG Ltd [2023] NZDT 333 (13 July 2023) [pdf, 100 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 333 APPLICANT CE RESPONDENT FG Ltd The Tribunal orders: The claim is dismissed. Reasons: Introduction: 1. CE and FG Ltd entered a contract in July of 2022. FG Ltd was to install a laminate floor in CE’s house. The laminate was to sit on top of the existing concrete floor. The total cost was to be $3835.80....

6. [2019] NZEnvC 107 Tonea Investments NZ Limited and Studio New Zealand Limited v Auckland Council [pdf, 16 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Submissions: Date of Decision: Date of Issue: IN THE MATTER IN RELATION TO BETWEEN AND Decision No. [2019] NZEnvC l'D9- of an application for access to Court documents by non-parties to this proceeding an application under s 311 of the Resource Management Act 1991 (the Act) TON EA INVESTMENTS (NZ) LIMITED AND STUDIO NEW ZEALAND LIMITED (ENV-2019-AKL-000042) Applicants AUCKLAND COUNC...

7. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...the plaintiff on the afternoon of Friday, 27 September 2013 for an order entering judgment in favour of the plaintiff. The grounds of the application were that the defendant had failed to file a statement of defence to an amended statement of claim filed in each of the above proceedings on 20 March 2013. After hearing argument, I gave a brief oral ruling against the plaintiff and I indicated that I would give my reasons later. I now do so. The background [2] In i...

8. Chalecki v Accident Compensation Corporation (Entitlement to Vocational Rehabilitation Costs, Decision Capable of Review) [2023] NZACC 88 [pdf, 297 KB]

   ...expenses for which he sought reimbursement (aside from those connected with the self-employment grant, to which I will return). It was for Mr Chalecki to identify specific costs in relation to a particular venture and put that to the Corporation in a form which can be said to be a claim. [112] Mr Chalecki had numerous ideas over the years and sent financial information (forecasts and the like) of varying particularity to the Corporation, but I can identify no specific claim on whic...

9. [2022] NZEmpC 81 Honeybunch Pure Naturals NZ Ltd v Niekerk [pdf, 164 KB]

   ...NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 81 EMPC 420/2021 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike-out proceeding BETWEEN HONEYBUNCH PURE NATURALS NZ LIMITED First Plaintiff AND LISA MARY JOLLY Second Plaintiff AND BARBARA-LEE (BARLEE) VAN NIEKERK Defendant Hearing: 16 Ma...

10. [2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd [pdf, 351 KB]

    ...Judgment: 13 March 2020 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH (Applications to strike out part of the proceeding) [1] Zara’s Turkish Ltd has applied to strike out several causes of action in an amended statement of claim filed by Ibrahim and Güler Kocatürk. [2] The application is made on the basis that the Court does not have jurisdiction to consider the disputed pleadings, either because they fall outside s 187 of the Employment Relations Ac...