Search Results

1. N Ltd v K Ltd [2021] NZDT 1559 (8 September 2021) [pdf, 94 KB]

   ...representations. Is N Ltd entitled to damages and if so, how much? 11. The Tribunal may make an Order for the seller to pay to buyer the amount of the loss or damage (S.43(3)(f) FTA). The onus lies with the applicant to prove the losses. 12. N Ltd has claimed: $5,000 for the difference in value between a vehicle capable of carrying 13 fare paying passengers and one capable of carrying 12 fare paying passengers; $2,000 for losses associated with the inability to carry a 13th passen...

2. Nisha v Devi [2011] NZIACDT 26 (5 September 2011) [pdf, 85 KB]

   ...fee, because the first application was not progressed and lost. [6.4] $2,500 ($NZ) - compensation for unnecessary expenses as a result of the failure to progress the application. The figure was not related to specific expenses. [7] The Complainant requested the Tribunal’s assistance to have the personal documents returned. Thirteen birth certificates, and a marriage certificate have not been returned. [8] The Adviser provided submissions on the appropriate sanctions. In large part the...

3. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...2018 the Tribunal made two orders in favour of Dr Naidu: [1.1] A declaration that there had been an interference with the privacy of Dr Naidu by the refusal by the Royal Australasian College of Surgeons (RACS) to provide access to personal information requested by Dr Naidu under IPP 6. 1 [This decision is to be cited as: Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33] 2 [1.2] A compliance order requiring RA...

4. LI v MB Ltd [2022] NZDT 158 (21 September 2022) [pdf, 115 KB]

   ...find no misleading or deceptive conduct. Outcome 13. LI has not proved any wrongdoing on the part of MB Ltd and therefore her claim is dismissed. Referee: J.F. Tunnicliffe Date: 21 September 2022 Page 4 of 4 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 r...

5. BT v PO Ltd [2022] NZDT 80 (12 January 2022) [pdf, 179 KB]

   ...vehicle under contract terms. Therefore, I am satisfied, on the balance of probabilities that BT is not entitled to claim $10,000.00. Accordingly, the claim is dismissed. Referee: L Fuli Date: 12 January 2022 Page 4 of 4 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...

6. H Ltd NB v QU [2023] NZDT 344 (14 July 2023) [pdf, 195 KB]

   ...$12,906.00 as described in paragraph 12, namely $10,324.80 and b. QU is entitled to 20% of his loss identified at paragraph 13 of $8970.00, namely $1794.00. Referee: G.M. Taylor Date: 14 July 2023 Page 4 of 4 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...

7. [2013] NZEmpC 144 Jerard v Wildbore [pdf, 63 KB]

   ...Coulston, who had then been recently instructed. [3] It was clearly signalled in the Authority’s determination that Ms Jerard had not participated to any extent in the investigation. Accordingly, the Chief Judge issued a minute on 13 December 2012 requesting a report from the Authority under s 181 of the Employment Relations Act 2000 (the Act). That report was to set out the Authority’s view of the extent to which Ms Jerard facilitated, rather than obstructed, the investigatio...

8. 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...

9. 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...

10. 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...