Search Results

1. V Ltd v BT [2023] NZDT 370 (11 May 2023) [pdf, 133 KB]

   ...through implied consent? • If so, what is BT liable to pay? Did BT agree to the clawback terms through implied consent? 8. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. A party can be considered to have agreed to contractual terms by their conduct. 9. I find that BT did agree to the clawback terms through implied consent. 10. This is for the fo...

2. KW & TW v S Ltd [2024] NZDT 824 (17 October 2024) [pdf, 218 KB]

   ...are not stated, nor is the evidence upon which he based his opinion. I am therefore not persuaded that the assessment of poor paint quality and poor application can be relied upon. 8. The door manufacturer did not view the doors but provided information on how they should be painted. SM and NM, directors of S Ltd, state all such manufacturers’ recommendations are followed. There is no evidence the recommendations were not followed, nor any evidence the doors themselves are defecti...

3. M Ltd v Q Inc [2024] NZDT 743 (28 November 2024) [pdf, 196 KB]

   ...strictly commercial aspects of the agreement, until its expiry. I see no basis for upholding this, or any other part of the applicant’s claim. Referee: G.P.Rossiter Date: 28 November 2024 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...

4. LL v KN [2024] NZDT 369 (27 June 2024) [pdf, 173 KB]

   ...absence of good evidence about these costs, I allow $80.00 compensation. 10. In conclusion, LL is entitled to a refund of $560.00 ($640.00 - $80.00). Referee: Sara Grayson Date: 27 June 2024 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 reh...

5. O'Hagan v Police [2020] NZHRRT 22 [pdf, 827 KB]

   ...can start working through this information. The Police response [11] In terms of PA, s 40(1) the Police had until Friday 29 May 2015 to decide whether the request was to be granted and to notify Mr O’Hagan of that decision: 40 Decisions on requests (1) Subject to this Act, the agency to which an information privacy request is made or transferred in accordance with this Act shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on...

6. [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

7. Wahabi v Accident Compensation Corporation (Incapacity/Backdated weekly compensation) [2023] NZACC 174 [pdf, 207 KB]

   ...working from 22 April 2021. [14] He provided a medical certificate from his GP dated 22 April 2021 certifying that he was unfit for work 21 days from that date. [15] Mr Wahabi was advised that the Corporation would need to investigate this request, given that there had been a gap in his medical certificates. [16] The Corporation obtained copies of the GP notes and then arranged for an internal clinical review of the request for backdated compensation. [17] On 23 June 2...

8. Tabram v Slater [pdf, 99 KB]

   ...[70] The Buy Smart Report – the relevant factors………………………………..[75] The level of general knowledge about leaky buildings in 2005…………………………………………………………………….[76] The information contained in the Buy Smart Report………………[77] The documents produced by Mr Slater when the report was discussed………………………………………………………………[79] The comments made by Mr Slater a...

9. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...representative and ensure that the hotel operation were functioning correctly and efficiently. This will be going on your personal records and if you wish to discuss this incident please arrange an appointment with me. [17] The second letter requested the plaintiff’s attendance at “a formal performance counselling session” on 3 May, which would be attended by Mr Chow, Ms Chow, and Ms Dickens for minute taking, and invited him to bring a representative. [1...

10. Canterbury District Law Society v Wood [2009] NZLCDT 9 [pdf, 225 KB]

    ...Substantive Proceedings, and that on 3 November 2006, Mr Wood had applied for an amendment to that legal aid, extending it to cover additional work. [27] In his application of 3 November 2006 to the Legal Services Agency [Bundle reference 0057], requesting an amendment to Mr M then existing legal aid, Mr Wood requested that it be extended for two matters, which he noted as follows: “1. Discovery against non parties. Two Banks and the Canterbury District Law Society. 2. The com...