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1. HX & H Ltd v J Ltd [2025] NZDT 75 (14 February 2025) [pdf, 198 KB]

   ...from $NZ11,213.00 to $NZ15,762.00. (e) A letter was provided from Mr T, who is known by HX, wrote that he inspected the trailer and found that the sub-frame was constructed out of steel, but the deck/tub and mudguards were all manufactured from formed aluminium. He considered that “it would appear that the trailer was in good sound workable/usable condition prior to the impact damage”. 7. HX considered the price to replace the trailer with a steel one would be $10,000.00. Ste...

2. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...apologised. [26] He says upon Mr GC’s subsequent retirement as a partner, and the Official Assignee later “becoming aware of the missing files/transactional information”, those responsibilities fell to him. He says he provided the information requested to the Official Assignee upon discovering Mr GC had not done so. (2) Application of funds received [27] Mr KY submits that following the demand made by the barrister in August 2013 for payment of outstanding fees, his “in...

3. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   ...production of a considerable amount of documentation and transcript. The complexity, to a large extent, resulted from a sharp divergence of views over the relevance and application in practice of key parts of the defendant's disciplinary and performance management policies. The hearing was hard-fought throughout and the respective contentions of both parties were well presented. Background [4] Mr Rodkiss is 58 years of age. He qualified in production and mechanical enginee...

4. Wai 2800 2.5.1 [pdf, 106 KB]

   ...discretion to defer its inquiry into any claim for sufficient reason (sections 6AA(2) and 7(1A) of the Treaty of Waitangi Act 1975). This does not limit the ability of claimants to particularise their existing grievances or the Tribunal’s ability to request them to do so. Districts 18. The standing panel will consider remaining historical claims, as specified above, that arise in the south-western North Island, the South Island and the Chatham Islands, comprising the following inquir...

5. [2009] NZEmpC WC 3/09 Mana Coach Service Ltd V The Tramways Union [pdf, 18 KB]

   ...was not in all respects a test case but, rather, one in which some, but not all, of the legal principles were well established. The case had some factual complexity illustrated by the length of time required for the hearing. [3] The plaintiff claims that the union contributed unnecessarily to increased costs in the document disclosure exercises before the hearing. For the defendant, it was submitted that the company contributed unnecessarily to increased costs by opposing the admi...

6. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...to Mr Li, and that he threatened to damage its business. Mr Ge denies having done so. [25] The Authority held that the company had required a premium to be paid. To reach that conclusion it heard from Mr Ge, and his father, about the alleged request and what steps were taken to pay money into a bank account in China. In the Authority the company denied requesting a premium. It maintained having no knowledge of the bank account into which the money was deposited or, for that ma...

7. KG v TQ [2023] NZDT 789 (22 December 2023) [pdf, 93 KB]

   ...entitled to a refund for the tree removal? 9. Section 36 (1)(a) of the Contract and Commercial Law Act 2017 states that “A party to a contract may cancel it if, by words or conduct, another party (B) makes it clear that B does not intend to - perform B’s obligations under the contract”. If a party to a contract has paid money in anticipation of the other party’s performance, but there has been a total failure to perform by the other party, the remedy is recovery of the sum paid....

8. DC v MDC [2023] NZDT 541 (5 October 2023) [pdf, 170 KB]

   ...household generally. Either way, DC cannot succeed in her claim to have either the fridge delivered to her or to have the money she transferred for it paid to her. Referee Perfect Date: 5 October 2023 Page 3 of 3 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...

9. NC v NO [2023] NZDT 544 (20 September 2023) [pdf, 122 KB]

   ...September 2023 at 9.15am. The respondent NO had been notified of the hearing but failed to attend, although his phone number seemed to be connected. On 16 June 2023, NO had emailed the tribunal. He acknowledged the existence of this proceeding and informed the tribunal that he was living overseas. As his phone number may have been different, he was requested to provide his overseas phone number, to facilitate a telephone hearing, but he failed to do that. Background On 4 January 2...

10. MU v OL [2023] NZDT 698 (14 December 2023) [pdf, 203 KB]

    ...the car. 21. For these reasons I am satisfied that MU has proved his claim against OL and that OL should pay for the repairs in the sum of $4,847.25. Referee: K Johnson Date: 14 December 2023 Page 3 of 3 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 rehe...