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1. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...if there had been. BT explained that he is a builder of some 30 years experience. 9. CL and NN presented a short written statement from HI, the director of D Ltd, who they say is a specialist in retaining and piling work, though no supporting information was presented on his qualifications, experience and/or expertise. HI’s company was contracted to carry out repair work at the property. He writes, “upon removing the concrete pad and fully exposing the foundations it became apparent...

2. QC v N Ltd [2024] NZDT 782 (24 September 2024) [pdf, 108 KB]

   ...to call Z as a witness, nor did he provide any explanation as to what then occurred in relation to the painting assessment. 9. In these circumstances I find it more likely that not that the final product was not reasonably fit for purpose. In forming this conclusion I considered the timing of the purchase, and when the painting was completed, and I gave some weight to the possibility that some minor damage to the paint on the walls might have occurred during the open homes. However, o...

3. [2019] NZEnvC 148 Guthrie v Queenstown Lakes District Council [pdf, 2 MB]

   ...Trustees Limited & others, ENV-2019-CHC-45 (the 'Banco appeal') seeking a minimum lot size of 4,000m2 for subdivision in the WBLP, and controlled activity status for construction of buildings within approved/registered building platforms within the WBLP. 3 [2] The applicants for waiver ('waiver applicants'/'applicants') seeking to join both appeals (collectively 'PDP appeals') as 274 parties are as set out in [A]. [3] Banco Trustees Li...

4. IH v DD Ltd [2021] NZDT 1624 (12 July 2021) [pdf, 187 KB]

   ...Council letter noted that the downstairs area could not be rented separately. It also seemed to presume that the work had been done in the 1950s when consent was not needed. I am satisfied on the basis of evidence IH produced from the Council and a former owner that the work was in fact done sometime after 1997. 9. When DD Ltd re-advertised the property on Trade Me in November 2020, in order to get a back-up contract due to IH’s difficulties obtaining finance, it stated “The downstair...

5. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking a...

6. Te Manutukutuku 77 [pdf, 7.6 MB]

   ...plant variety rights regime, one of four issues heard in stage 2. The report was prioritised to provide the Crown with the Tribunal’s findings ahead of its introduction of legislation on this matter. In July, the claimants and Crown jointly requested Tribunal-led media- tion, an alternative pathway for the resolution of claims available under schedule  2 to the Treaty of Waitangi Act 1975. Led by Judge Damian Stone and Prue Kapua, in October 2020 the mediation succeeded in settli...

7. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...before and after August 2020, he regarded himself as bound by the obligation to make himself available for such overtime. [19] He said he was a member of a relatively small service department. In reality there was no option to decline overtime if requested. To do so would have placed a lot of stress on co-workers. He considered there was “an absolute expectation” that he would undertake this work. [20] Overtime was common on Mondays to Fridays. It was also common on Sat...

8. 207w Application for assessment of financial means

   MOJ 207 July 24 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you have asked the judgment debtor to complete a financial statement but they have not complie...

9. [2010] NZCA 56 CA14/2010 Petersons Global Sales Ltd v PB Engineering Ltd Ors [pdf, 33 KB]

   ...property which the Court held did not belong to them. Ground (1) misconstruction of the 2003 agreement [10] Having lost the initial rounds of the patent dispute PPSSL lacked the cash required to continue trading. So Mrs Browne’s company PGSL, formed in late 2002, entered the 2003 agreement with PPSSL to allow the business operated until then by PPSSL to continue. [11] Material provisions of the agreement are reproduced with emphasis added: [1] AGREEMENT SUMMARY The Manufact...

10. SX Ltd v RO Ltd [2021] NZDT 1554 (11 August 2021) [pdf, 244 KB]

    ...item. I have also considered the invoicing which I note clearly separates out the proportion of the total cost from the weekly scaffolding charges. 11. I have also considered the evidence of RO Ltd’s witness FF, who gave evidence that they performed the removal of the asbestos roof and then gave evidence that there had been delays due to weather and a Health and Safety stoppage. The witness stated that the scaffolding that was installed under the directions of SX Ltd was utilised dur...