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1. Kapiarumala v New Zealand Catholic Bishops Conference (Strike-Out Application) [2018 NZHRRT 18 [pdf, 206 KB]

   ...proceedings were recently discontinued by notice of discontinuance dated 26 February 2018. The present proceedings before the Tribunal have not been discontinued though it will be seen the plaintiff has not by notice of opposition or by evidence in reply formally resisted the various strike out applications filed by the defendants. The Tribunal has received only submissions by Mr Tuck. The plaintiff’s representation [6] The plaintiff has been represented by Ms Lisa Abrams, solicito...

2. TR v Accident Compensation Corporation (Cover Issues) [2023] NZACC 027 [pdf, 278 KB]

   ...Issues;-Causation; Gradual Process; Personal Injury; s 20(2); s 25; s 26; s 30) ___________________________________________________________________________ [1] At issue on this appeal is a decision by the Corporation dated 5 June 2019 declining a claim for tuberculosis. Background [2] The appellant lodged a claim form with the respondent on 27 September 2018. The description of the injury was as follows: Positive QuanteFERON Gold 22 September 2018. Exposure at work resulting in...

3. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...McCue v O’Boyle Law Ltd [2019] NZERA 648 (Member Arthur). shareholder and director. However Ms O’Boyle conceded this point during the Authority investigation. She accepted she employed Ms McCue in her personal capacity in 2014. No formalities were agreed and completed to transfer the employment relationship to the company after it was registered in 2016. Ms O’Boyle remained personally liable for obligations arising from her employment relationship with Ms McCue.

4. DE v X Ltd [2025] NZDT 129 (11 February 2025) [pdf, 187 KB]

   ...a refund of $190; (d) Whether DE is entitled to an award for the filing fee and time. Was the term of the contract as to the price for shipping varied by agreement? 5. Parties to a contract are bound by express terms. Terms of a contract are formed before or at the time the contract is formed. Contract terms may be varied during the contract by agreement of both parties. It was a term of the contract that the shipping cost would be $199. 6. I find that the shipping cost was not...

5. MVDT Consent to Extend Jurisdiction form [pdf, 137 KB]

   Motor Vehicle Disputes Tribunal | Rōpū Take Tautohenga ā-Waka Level 1 | Chorus House| 41 Federal Street | Auckland 1010 DX EX 11086 | Auckland City T: 914 4299| F: 914 5263 MVDT@justice.govt.nz | www.justice.govt.nz CONSENT TO EXTEND JURISDICTION Pursuant to section 90(1)(b) of the Motor Vehicle Sales Act 2003, the Motor Vehicle Disputes Tribunal has jurisdiction only if the total sum claimed does not exceed $100,000.00. Despite that restriction, the parties to this clai

6. BC v BJ Ltd [2021] NZDT 1695 (12 December 2021) [pdf, 93 KB]

   ...Ltd breach the contract by treating each loss as separate event requiring an excess deduction before making a payment ? 6. NX’ position is that damage to each of the items was a separate event, which required an individual excess deduction. In forming this opinion, she pointed to the time frame the dogs were left alone, and a 4 July 2019 decision by the Insurance and Financial Services Ombudsman (the IFSO). In that case a dog had vomited and had diarrhoea damaging the carpet in the...

7. Gwak and Kim TRI-2020-100-006 [2024] NZWHT AUCKLAND 01 [pdf, 237 KB]

   ...house. [7] The relevant Act applying to this case is the Building Act 1991. All steps occurred before the passing of the new Building Act 2004. Compass Building Certification Limited [8] Compass was a corporate certifier, authorised to perform regulatory functions under s 51 of the Building Act 1991. It was audited by the BIA.1 It had quality manuals. It achieved annual renewals of its licence. 1 BIA was the Building Industry Authority responsible for, inter alia, re...

8. NN v TU Ltd [2019] NZDT 1433 (21 February 2019) [pdf, 189 KB]

   ...that TU Ltd was justified in towing her vehicle? 5. NN has provided evidence that proves both that she had purchased the required ticket and returned to her parking spot before it had expired – this is not disputed by TU Ltd. The contract formed by the combination of signage at the site and NN’s of terms and conditions by purchasing the ticket, includes the requirement that the ticket be displayed in a visible location within the vehicle. NN says she placed the ticket on the das...

9. KI v MA [2023] NZDT 385 (23 August 2023) [pdf, 92 KB]

   ...this was to be paid on the moving date. However, as the applicant did not pay the bond, no consideration for the contract was paid before the respondent withdrew the offer. c. The parties had not reached a state where both parties had intended to form legal relations on clear and certain terms. If so, did either party breach the contract? 8. As I do not find that there was a contract between the parties, there is no need for me to consider this issue. What payments, if any,...

10. KL v LT [2023] NZDT 244 (26 June 2023) [pdf, 196 KB]

    ...contract. For a contract to come into existence the elements of a simple contract must exist. The relevant elements are offer, acceptance, consideration (an exchange of values), and an intention to create a legal relationship. 5. A contract can be formed in writing or verbally. It is always easier to make a finding about what parties have agreed when they have put their agreement in writing. 6. KL says that in the period from 2016 to 2022 he advanced money to LT as an interest fr...