Search Results

1. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in which she admitted responsibility for the accident stating in explanation: “Just didn‟t see vehicle”. [4] The police attended the scene and on 11 June 2009, Ms Katz was issued with an infringement notice alleg...

2. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...

3. CN v NK [2023] NZDT 640 (17 November 2023) [pdf, 185 KB]

   ...arranged by the applicant. In one of these pre-purchase inspections, it was noted that the temperature dial on the dashboard was “broken.” The van’s heating/air conditioning system would only blow cold and not hot air. 3) The respondent informed the applicant that the van’s “stepper motor” would need to be replaced in order for the heating issue to be resolved. The respondent would arrange the replacement stepper motor but that would not arrive in time for the settlement o...

4. TQ v PU [2024] NZDT 266 (30 April 2024) [pdf, 194 KB]

   ...Findings 7. In his submissions TQ referred to the law relating to misrepresentation, and to the Fair Trading Act 1986. 8. TQ feels that he has been treated unfairly by PU, and he maintains that PU lied to him about the reasons for informing him that the venue was no longer available. 9. Respectfully, I do not agree that the law of misrepresentation or the Fair Trading Act 1986 are relevant to this claim. CI0301_CIV_DCDT_Order Page 2 of 4 10. TQ’s claim must be b

5. XH v T Ltd [2024] NZDT 746 (2 November 2024) [pdf, 188 KB]

   ...delays for XH and his party. 2. When a van was received by XH, the party set off for the [Region 2]. During the journey, XH was stopped by Police. XH was told that there had been complaints received by T Ltd about XH’s driving. There were no formal complaints or charges but the Police retrieved the van from XH at the instruction of T Ltd which left XH and his party of passengers stranded in [Town]. 3. XH claims $1,960.00 for breach of contract. XH further claims there was a br...

6. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

   ...the Domestic Violence Act or otherwise. [5.1.3] The claim attempts to inappropriately use the Tribunal as a forum to dispute matters which have resulted from Family Court orders under the Domestic Violence Act and in relation to Mrs Apostolakis’ former home. [5.2] The Tribunal has no jurisdiction to consider the claim because: [5.2.1] Mrs Apostolakis has not submitted to the Human Rights Commission a complaint relating to these specific claims of discrimination resulting from the Do...

7. F Ltd v KI Ltd [2024] NZDT 135 (15 April 2024) [pdf, 152 KB]

   ...that whenever possible words are to be given their natural meanings. However, the setting in which the agreement was reached, provides context which allows a better understanding of the parties’ intentions. 9. In this case the context which informs the interpretation of the special condition is: a. a commercial lease which was already in place when the special condition was inserted; b. the condition was inserted due to previous leaks; and c. the condition was inserted contemp...

8. IX v HG [2022] NZDT 224 (23 November 2022) [pdf, 91 KB]

   ...repaired. It is therefore artificial to award IX compensation for repairs which will never be done. 10. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 November 2022 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...

9. NB v B Ltd [2024] NZDT 7 (27 February 2024) [pdf, 88 KB]

   ...mentions the quite severe pain 5 years ago when he was a courier driver and lifted an heavy box. NB says the surgeon’s comments was taken out of context and exaggerated. IFSO refers to the application and the requirement for disclosure. IFSO said the information was material taking into account the musculoskeletal questionnaire and the spine surgeons April 2023 letter. I note his later consultation with his spine surgeon was after he was having problems with B Ltd in relation to his insu...

10. KG v VB Inc [2024] NZDT 10 (15 February 2024) [pdf, 193 KB]

    ...that VB Inc breached a term of the contract, she is not entitled to the compensation she claimed, and her claim is dismissed. Referee: Ms Cowie DTR Date: 15 February 2024 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...