Search Results

1. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...[envisaged] by the Court of Appeal. [53] The reality of the situation, however, as was the case with Ms MacDonald, is that if security for costs is ordered, Mr Tuala's challenge will go no further. Indeed, Linfox's application specifically requests the inclusion of a provision in any security for costs order striking out the proceeding if the security ordered is not given by a specified date. In McLachlan the Court of Appeal made it clear that an order having that effect...

2. KH v ED [2018] NZDT 1434 (20 September 2018) [pdf, 248 KB]

   ...where a young tree is cut down to near ground level. KH trees were, about 6 metres and cut down to between 1.2 and 1.4 metres. The BD Ltd report says at paragraph 15: As a result of cutting into established wood tissue, epicormics shoots will form at the topping points. Eventually these shoots will develop and create a canopy. This is the mode to create a hedge, however this would be detrimental in creating an amenity tree.... [emphasis added] CI0301_CIV_DCDT_Order Page 5 o...

3. Bamber v Official Assignee - Lot 39 DPS 3455 [2022] Chief Judge's MB 664 (2022 CJ 664) [pdf, 359 KB]

   ...Official Assignee claimed that holding a hearing would further prejudice the creditors of the bankrupt estates by increasing the costs of the Official Assignee, which will come out of the estates. If a hearing was to be held, the Official Assignee requested that a security for costs of $8,500 be posted by the Trustees. [5] The Trustees’ response to the Registrar’s report supported the recommendation for hearings. They asked for provisions to be made for submissions to be filed...

4. KG v TM [2020] NZDT 1416 (12 August 2020) [pdf, 213 KB]

   ...the claimed amount represents the actual and reasonable losses sustained as a result of this collision. TM is therefore to pay $4380.37 to KG's insurer. Referee: Date: 12 August 2020 CI0301_CIV_DCDT_Order 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 re...

5. LJ Ltd v DS Ltd [2022] NZDT 147 (16 August 2022) [pdf, 206 KB]

   ...2. The matter had been adjourned after the first hearing on 28 June 2022 and was continued before me today. DS Ltd did not attend the hearing as there was no response to the phone number previously available for them. No further evidence or information had been provided by them. The absence of the respondent does not prevent the hearing going ahead. 3. The issues I need to decide are: a) Was the truck driver an independent contractor or was the relationship between DS Ltd and

6. SC v NI [2017] NZDT 1675 (11 December 2017) [pdf, 187 KB]

   ...Insurance Company B. [13] Once the amounts payable by each of SC and NI are netted off, I find SC is liable to pay $3,499.00 to Insurance Company B. Referee: Peter Ferguson Date: 11 December 2017 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 or a mistake was made. If you wish...

7. CT v DF Ltd [2024] NZDT 167 (25 March 2024) [pdf, 181 KB]

   ...satisfied that CT can claim a nominal amount of $300.00 in general damages for his losses. In total, this comes to $1,042.34. Accordingly, this amount is awarded. Referee: DTR Fuli Date: 25 March 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 re...

8. KU v N Ltd [2023] NZDT 778 (11 September 2023) [pdf, 96 KB]

   ...not generally awarded for mental distress and the like absent special circumstances. The total sum payable to the consumer is therefore $ 17,975.06. Referee: E Paton-Simpson Date: 11 September 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...

9. LG v IU Ltd [2022] NZDT 124 (16 August 2022) [pdf, 165 KB]

   ...breach the vendor warranty in regard to the operation of the horse walker, therefore there is no valid claim for compensation, and the claim is dismissed. Referee: Sara Grayson Date: 16 August 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 a...

10. I Ltd v XN [2023] NZDT 192 (18 April 2023) [pdf, 206 KB]

    ...The issues to resolve the claim are: (a) Did the parties enter into an agreement that I Ltd would purchase XN’s damaged vehicle on the understanding that it would receive either the insurance pay out for the vehicle, or the insurer would perform the repairs? (b) If not, has XN been unjustly enriched by I Ltd repaying in full the finance for the vehicle? (c) What loss can I Ltd prove it has incurred that it is entitled to be compensated for? Did the parties enter into an agr...