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1. Belle v Fogi Ltd (Strike-Out Application) [2019] NZHRRT 7 [pdf, 241 KB]

   ...an extension for two weeks on the basis that his personal assistant had been admitted to hospital on 24 September 2018 and he had been on leave on 27 and 28 September 2018. [20] The application for an extension was opposed by the defendants, who requested the opportunity to provide a memorandum opposing the extension and seeking the strike out of the proceedings. In accordance with a timetabling direction, the application to strike out the proceedings and submissions in support were f...

2. JS v Accident Compensation Corporation (Claim for mental injury by sexual abuse) [2024] NZACC 114 (16 July 2024) [pdf, 169 KB]

   ...July 2024 Held at: Christchurch/Ōtautahi Appearances: The Appellant is self-represented I Hunt for the Accident Compensation Corporation (“the Corporation”) Judgment: 15 July 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury by sexual abuse - s 21, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 9 August 2023. The Reviewer dismissed an application for review...

3. Prasad v Devi [2014] NZIACDT 33 (19 March 2014) [pdf, 139 KB]

   ...the adviser to assist with a new application. Immigration New Zealand raised a concern that his previous application was misleading and was not prepared to grant the application for that reason. [3] The adviser lodged another three applications or requests for visas for the complainant, and never addressed Immigration New Zealand’s concern, despite the concern being pointed out repeatedly. [4] The adviser says she did not address Immigration New Zealand’s concern, as the complainant...

4. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   ...it will need to be properly rebuilt to avoid future damage. Inter-Storey Sill [70] The assessor showed that the inter-storey sill has not been constructed as designed. There is a steel beam across the elevation and timber framing beam forming a lintel for the living room joinery. The timber beam is heavily decayed. [71] Decay was found on the north elevation to the right of the entrance door showing decay to the framing and corrosion to the fixing plate. Removal of...

5. KM v TE [2021] NZDT 1619 (30 July 2021) [pdf, 264 KB]

   ...KM entitled to a remedy and, if so, is the amount claimed proved and reasonable? Is KM owed a further 20 percent commission on [Property 3]? If so, how much is she owed? 8. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. A legally enforceab...

6. Chand v Devi [2014] NZIACDT 25 (14 March 2014) [pdf, 138 KB]

   ...first in an expression of interest and then in an application for residence. [2] Immigration New Zealand readily ascertained the complainant was not a diesel mechanic and declined to issue a visa. [3] The complainant says he provided the relevant information for lodging the expression of interest to an unlicensed person in the adviser’s practice. [4] The adviser has answered the complaint saying the complainant had claimed to be a diesel mechanic, he had provided information to suppo...

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...