Search Results

1. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

   ...breaches of the FTA or the CGA, or for that matter the terms and conditions of the contract between NM and the company, the claim is therefore dismissed. Referee: M Wilson Date: 25 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 rehe...

2. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [pdf, 199 KB]

   ...Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost approximately $1,500.00 for the head cylinder plus two days labour. The total quote for the job was in or around $3,000.00. Repairs were carried out and when NN went to collect the ute, he was charged $8,668.99 for th...

3. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

   ...responses, PONL launched these proceedings fearing that a picket would be mounted on Monday 10 December or thereabouts. [12] When counsel met with me by telephone conference call to deal with the litigation and an early hearing of the plaintiff’s claims, MUNZ undertook that no such action would be taken by it pending the decision of the Court. Claim against RMTU and individual employees and interim relief sought [13] The statement of claim against the defendants in this proceedi...

4. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...are able to receive the benefit of the allocation raises issues of intra- ground discrimination on the grounds of ethnicity. The issue of discrimination between iwi was also discussed in the context of the Māori Fisheries Bill. On that occasion, we formed the provisional view that individual iwi did not have their own ethnic identity. While we remain of this view, we consider that only coastal iwi have a recognisable customary interest in coastal marine farming. Inland iwi are not in a co...

5. LCRO 130/2016 RB v ZB (28 June 2017) [pdf, 229 KB]

   ...Relationship Property Agreement for the creation of a right of way over a property which was to be transferred to Ms TB in favour of an adjoining property which was to be transferred to Mr RB. 2 [4] For that purpose, in early November 2013, Mr TD requested Mr RB’s file from Mr ZB. [5] Mr RB issued proceedings against Mr ZB. A judicial settlement conference took place in December 2014. Towards the end of 2015 a settlement of those proceedings was reached. The comp...

6. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...endorsement is as follows: “Solicitor [Ms Schaaf] to lodge personal grievance”. In an affidavit of Mrs Tu’itupou sworn on 9 August 2006 but filed at the hearing, she states that this file note was not disclosed to Ms Schaaf when information was requested. Another file note prepared at the dismissal meeting was disclosed and is annexed to this subsequent affidavit. The two documents were clearly prepared by different persons present. Ms Tiaiti’s note appears to be more in...

7. Burns v Argon Construction Ltd [pdf, 42 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2007-101-12 BETWEEN JOHN WILLIAM BOSWELL BURNS, PETER GEOFFREY STUBBS and WILLIAM GRAHAM GEORGE CAMERON CLEARY as Trustees of the FUTURE HOLDINGS FAMILY TRUST Claimant AND ARGON CONSTRUCTION LIMITED First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND BERNARD MOHAN Third Respondent AND PAUL BAYER (Removed) Fourth Respondent DECISION ON STRIKE OUT APPLICATIONS Dated 8 October 20

8. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 17 March 2014 2 DECISION Preliminary [1] The essence of the complaint was that the adviser did not deal with the complainant; rather, unlicensed staff performed the professional duties and mismanaged the complainant’s instructions. [2] The adviser was the only licensed immigration adviser in her practice. She says unlicensed persons provided clerical services, but did not provide professiona...

9. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involves the LCRO 1 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 2 coming to his or her own view of the fairness of the substance and process of a Committee’s determination. [4] In rea...

10. C Ltd v OB [2023] NZDT 83 (2 March 2023) [pdf, 184 KB]

    ...digging was to begin, OB was advised that some extra materials and work were going to be needed. On the day of the dig, costs escalated significantly, with an apparent change to the ground levels as well as other extra costs. OB signed a variation form which detailed the extra work but which did not record any extra price information. 4. OB says he was advised verbally that the extras listed on the variation form would cost $1800+GST. He says he also agreed to the use of a crane on the...