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1. [2021] NZEmpC 32 Lorigan v Infinity Automotive Ltd [pdf, 320 KB]

   ...[6] Mr Lorigan applied to the Court of Appeal for leave to appeal the making of these orders, but that application was declined on 31 July 2020.6 [7] The background to these orders is relevant to the present application. Mr Lorigan had been requested on several occasions to pay the sums referred to at para [5](a) and (b). It was plain from correspondence he had no intention of doing so. Rather, he raised matters that were irrelevant from a legal perspective. He had made variou...

2. HL v UED Ltd [2022] NZDT 113 (7 August 2022) [pdf, 101 KB]

   ...BE Ltd and HL. 8. At the top right of the document is written, FC BDS (Otago), UED Ltd. This is followed by the address and contact details. At the top left is UED Ltd’s logo, which is owned by UED Ltd. Below that is the heading Orthodontic Information Sheet, then HL’s details. The treatment plan is set out, and there is a section entitled “orthodontic information and informed consent document”. 9. I note that the reference to “UED Ltd” under FC’s name is to the trad...

3. EL v CF Ltd [2022] NZDT 81 (30 March 2022) [pdf, 112 KB]

   ...from CF Ltd’s premises, and CF Ltd would normally give instruction to customers about how to operate the vehicles they bought. In this case, said BC, EL had asked for the car to be delivered to him in [City 1]. He had, therefore, not received the information that would normally be given to a customer. [10] LM said that EL had said in a telephone conversation that he, EL, had attempted to jump start the car. To do so, said LM, would not have been safe in a modern [type redacted] car,...

4. LD Ltd v SQ Ltd [2023] NZDT 57 (21 February 2023) [pdf, 100 KB]

   ...contractual breach substantially reduces the benefit of the contract to the innocent party. I therefore find that SQ Ltd was entitled to cancel the contract. 10. The effect of cancellation under the CCLA is that neither party is obliged to continue performance of the contract, so SQ Ltd does not have to pay LD Ltd’s final invoice for $3,945.81 issued on 19 July 2021. Cancellation does not result in an automatic refund or discharge debts that have already accrued, so it does not affect...

5. TC v X Ltd & I Ltd [2024] NZDT 706 (4 September 2024) [pdf, 135 KB]

   ...unnecessarily. 7. I Ltd’s plumbing claims its invoiced amount of $1334.00 from TC. 8. The issues to be determined are: • Were the blockages caused by construction waste? • If so, what remedy is available to TC? • Did I Ltd perform their service with reasonable care and skill when they opened up the ceiling to check for issues further down the system? • If not, what remedy is available to TC? Were the blockages caused by construction waste? 9. I find that...

6. SK v UW [2024] NZDT 607 (13 September 2024) [pdf, 205 KB]

   ...$20.00? Did NQB’s terms and conditions include a term that riding lessons were non-refundable? If so, is that term binding on SK? Page 2 of 4 5. The law of contract applies. A legally enforceable contract can be written or oral; formal or informal. A legally enforceable contract exists where an offer has been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); an...

7. TN v SH [2024] NZDT 569 (5 July 2024) [pdf, 205 KB]

   ...other than a reasonable driver would do. Conclusion 21. For all these reasons TH is obliged to pay TN $13,500.00 in accordance with the terms of this order. Referee: Malthus Date: 5 July 2024 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 reh...

8. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...subsequent years. Where appropriate, action may be taken under the Ministry’s complaints policy. Lawyers may be issued with a reminder of expectations, a first, second or final notice, or referred to the Performance Review Committee (PRC). Lawyers can request a review of any remedial action that is taken. More details of the audit process can be found in the audit and monitoring policy and the audit terms of reference. https://www.justice.govt.nz/assets/Documents/Publications/A...

9. [2016] NZEmpC 86 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 182 KB]

   ...AND IN THE MATTER of an application for an order for disclosure of documents BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE EMPLOYEES LISTED IN SCHEDULE A OF THE STATEMENT OF CLAIM Third Defendants Hearing: 27 June 2016 (Heard at Auckland) App

10. [2021] NZEmpC 53 Martin v Solar Bright Ltd (in liq) [pdf, 149 KB]

    ...name, the name of his counsel, contact details and a signature. [6] Page two invited the applicant to write down the documents he or she wished to inspect. The information provided consisted of the name of the case, its file number, and a request to inspect: Such documents on [the] court file as the Court deems appropriate to allow me access to on a confidential basis. 2 “Employment Court of New Zealand Practice Directions” <www.employmentcourt.govt.nz> at No 16...