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  1. What happens next

    ...convenient, a different location may be chosen. If you don’t attend the hearing You must attend the hearing. If for any reason you are unable to attend, you must contact the Tribunal immediately. You may be asked to provide evidence to support a request for an adjournment (for example, a doctor's certificate). The Tribunal can hear the case in your absence and deal with it without hearing your version of events.  Witnesses are expected to attend otherwise their evidence may not be a...

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  2. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

    ...details of the various repair costs as particularised by the Claimants. Consequential Damages [63] The claimants also seek consequential damages being interest incurred by the claimants with the cost of remedial work carried out at their request. There is a further claim for general damages. 21 Special Damages [64] In Taylor v Auto Trade Supply Ltd & Anor13 the High Court discussed matters pertaining to special damages. In that case, the Court al...

  3. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

    ...October 2007 for a fixed term of one year. [2] Differences arose between Ms Hamon and CILT from the commencement of her employment. On 21 January 2008, Ms Hamon resigned. She alleged that she had been constructively dismissed. She commenced a claim in the Employment Relations Authority. She sought reimbursement of lost remuneration for the balance of her fixed term employment, compensation and a penalty. In a determination dated 10 March 2009 1 the Authority dismisse...

  4. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

    ...hearing I was told that neither Mr Townsend nor Counsel had been aware of the company’s removal, and steps were being taken to have the company reinstated on the Register. Therefore, I am proceeding on the assumption that JTL is still a legally formed and registered company 3.8 The ninth respondent is Mr Peter Townsend, who is a director of JTL. The Owners claim that Mr Townsend has a personal liability for the claims that they have made against JTL. I will need to determine...

  5. Form-209-Filing-a-financial-statement-of-judgment-debtor-organisation-FINAL-9-December-2024.pdf [pdf, 413 KB]

    MOJ209/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/forms 0800 233 222 PAGE 1 OF 11 ORGANISATION When should I use this form? This form lets the judgment creditor find out more about a judgment debtor’s ability to pay a judgment debt. And it lets the judgment debtor provide information so that a financial assessment can be completed without a hearing being required. Use this form if all the following apply: • you are either the judgment...

  6. File other applications

    ...declining removal.  The Authority is not required to stay the matter before it until your application is determined by the Court. Filing fee The filing fee must be paid before or at the time of filing the application. Documents You should file: Form 3: application for special leave a copy of the determination declining removal an affidavit in support Find Form 3 application for special leave, template for an affidavit in support and the fee information on our forms and fees pag...

  7. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

    ...failed to comply with all laws and legal requirements. 7. DR and his witness [Witness 1] of [Structural engineering company 2] both expressed the view that it was a “grey area” whether consent was needed. Even if that is so, DR should have informed TH that it was a grey area whether he could legally do the work without a building consent. The reason he gave for not informing her was that he assumed she already knew, because she had “done all her homework”. He claimed that she ha...

  8. KI v KW [2019] NZDT 1414 (13 May 2019) [pdf, 106 KB]

    ...reasons that lay within the responsibility of KI. Did this entitle KW to cancel the contract, and if so, when was the cancellation effective? 13. A right to cancel arises where one party repudiates the contract by making it clear they will not perform it (s36 Contract and Commercial Law Act 2017 (CCLA)), or if there is a breach of an essential term (s37 CCLA). 14. There was insufficient evidence of a repudiation by KI for the following reasons: (a) Once the failure of the fir...

  9. NB & QD v H Ltd [2023] NZDT 722 (18 December 2023) [pdf, 186 KB]

    ...evidence that the sub-contractors were trustworthy people, or at least H Ltd had no reason to doubt any of them. I also find that as far as Mr H was aware the house was vacant, and there was nothing in the house to steal in any event. He was not informed by the Applicants that they had placed any item in the house, and while the work had probably been completed by that time, because of the time of the year (it was CI0301_CIV_DCDT_Order Page 3 of 4 January) and because H Ltd appeare...

  10. BN v P Ltd [2024] NZDT 795 (18 September 2024) [pdf, 199 KB]

    ...must repay BN $2155.14 being the amount of concrete and the compensation for his time and the contractor’s time. Referee: T Prowse Date: 18 September 2024. 1 Bloxham v Robinson [1996] 2 NZLR 664. 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...