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1. 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...

2. [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...

3. [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...

4. 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...

5. [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...

6. BD v ED [2020] NZDT 1383 (17 December 2020) [pdf, 180 KB]

   ...using, and messages between the parties. 5. ED states the he had no issues prior to selling, the meter was calibrated in Australia and he never had readings that were more than a couple of % out. He also states his advertisement was based on this information and the meter was in excellent condition. ED also told the Tribunal there is variability between all meters. 6. There is no independent evidence to strongly support the allegation that the meter was reading well below what it sh...

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

   ...these issues do not relate to this claim, and I cannot consider them when finalising the order. I hope this will bring the matter to a conclusion for the parties. Referee: P Goddard Date: 8 November 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 re...

8. ZX v UE [2024] NZDT 546 (6 August 2024) [pdf, 104 KB]

   ...2. ZX must prove her claim on the “balance of probabilities”. That means that ZX must prove that “it is more likely than not that” UE breached The Contract and Commercial Law Act 2017 section 35. 3. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. In other words ‘an exchange of promises’. 4. UE made and offer to sell his car to ZX and ZX accepted the offer. At that point the parties entered into a

9. TT v ST [2023] NZDT 31 (20 March 2023) [pdf, 166 KB]

   ...them in time to stop. ST cannot be negligently liable when it has done all it could reasonably be expected to do. 5. For this reason, the claim is dismissed. Referee: P McKinstry Date: 20 March 2023 Page 2 of 2 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 reh...

10. J Ltd v IN [2023] NZDT 526 (19 October 2023) [pdf, 93 KB]

    ...d. The absence of any evidence that IN owned, resided at, or had any connection with the property at [Address]. 10. The claim is dismissed. Referee: Nicholas Blake Date: 19 October 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