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1. LO v SD [2021] NZDT 1388 (3 July 2019) [pdf, 222 KB]

   ...person/entity outside New Zealand so that person is not subject to New Zealand laws. Is there any other cause of action against Ms D? 9. I find that there is no other cause of action for a legal claim against Ms D. There was no contract formed for Ms D’s help as there was no consideration provided or any intention to create legal relations – Ms D was simply asked to help obtain tickets as a favour to her friend – Ms D emphasises that she was approached by Ms O, not the oth...

2. SE v D Ltd [2023] NZDT 654 (23 November 2023) [pdf, 220 KB]

   ...rehearing on such grounds as it thinks fit (s 49 Disputes Tribunals Act 1988). 6. Section 42(1) DTA provides that, where a party does not attend after having been given a reasonable opportunity to do so, the Tribunal may deal with the claim on the information available. Where an order is made under this section, the party who did not attend may apply for a rehearing if there is “sufficient reason” for their non-attendance (s 42(2) DTA). However, it may not be appropriate to gra...

3. MQ v NP [2023] NZDT 352 (7 August 2023) [pdf, 176 KB]

   ...without evidence that NP was speeding or otherwise driving recklessly, I cannot find he was in breach of his duty of care. The claim then must be dismissed. Referee: G R Meyer Date: 7th August 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 reh...

4. LC v DB [2023] NZDT 161 (2 June 2023) [pdf, 104 KB]

   ...not paying the remaining $2,000.00? If so, what is LC entitled to be paid? Did LC and DB have an enforceable contract under which DB agreed to pay LC $3,000.00 towards the costs of repairs of the [vehicle]? 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. For an agreement to be a legally binding contract certain elements are required. These include: ...

5. BN v U Ltd [2025] NZDT 158 (6 May 2025) [pdf, 172 KB]

   ...for its purpose as a motorcycle helmet, and it was not the fault of U Ltd that BN had misjudged the size that he required. [12] Thus, BN’s claim is dismissed. Referee: C Hawes Date: 6 May 2025 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...

6. [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...

7. AFS and AFT v ZUD and ZUE [2013] NZDT 348 (2 July 2013) [pdf, 104 KB]

   ...named in the final order, she had an equitable interest in the outcome given a subsequent potential liability to indemnify ZUE for her share. For these reasons, it was to her benefit that she was able to participate to the extent she did, and she requested that she be entitled to do so. [39] In summary, ZUD is not able to claim her legal fees of $350.00. Conclusion [40] For these reasons, an order has been made for ZUE to pay AFS and AFT the sum of...

8. Cooper v Wellington City Council [pdf, 237 KB]

   CLAIM NO: 2171 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN AVIS COOPER Claimant AND WELLINGTON CITY COUNCIL First Respondent AND R & I KENNEDY LIMITED Second Respondent AND R TE ONE ASSOCIATES LIMITED Third Respondent AND No Fourth Respondent Master Build Services Limited having been struck out AND TREVOR GASKIN Fifth Respondent AND No Sixth Respondent CSR Building...

9. 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...

10. Ambridge v Accident Compensation Corporation [2023] NZACC 198 [pdf, 240 KB]

    ...Held at: Wellington/Whanganui-a-tara by AVL Appearances: R Ambridge for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 6 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal (physical) injury - s 26, Accident Compensation Act 2001 (“the 2001 Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 29 August 2022. The Reviewer quashed the Corporation’s decision...