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1. [2022] NZEmpC 134 CultureSafe NZ Ltd v Employment Relations Authority [pdf, 211 KB]

   ...act [5] Mr Halse is the sole director of CultureSafe. During 2019 and 2020 he acted for three of Manuka Health’s Northland–based employees, including the grievants. In late 2019, the grievants resigned, and a few months later they lodged claims against Manuka Health with the Authority. [6] The ATA form signed by Mr Kalic on 22 March 2019 included the sentence “I understand CultureSafe NZ will make the final decision on the most appropriate action to take in respect of t...

2. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 18 KB]

   ...evidence and expertise of the WHRS assessor. 2.4 The applications by the first and second respondents for costs do not have equal merit. Mr Swan appeared for Mapei at conferences and filed an application for strike out. This was in the form of a one page letter with no evidence or affidavits provided in support. Mapei did not file a response to the claim and therefore did not call witnesses. At the hearing Mr Swan conducted limited cross-examination of some witnesses. The...

3. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...the trust to significant expenditure through a process that was not transparent. [11] Mr Ratima in his affidavit raises three further issues. First he says that the trustees continued to be obstructive in providing information on the trust as requested by his solicitors. Second he says that a particular request concerns fees paid to trustees where they continue to fail to provide sufficient detail to him and his solicitor. Third he says that one of the existing trustees Yvonne...

4. LCRO 130/2018 UH v OB (12 February 2020) [pdf, 165 KB]

   ...failed to treat Mr UH with respect and courtesy. [15] Mr TD’s report is careful and thorough and it is appropriate to include here extracts from this report:7 53. The Tribunal found that the Complainant’s explanation for incomplete passport forms being filed, shifted between the written accounts and his oral evidence, but were also “inherently implausible”. In effect, the Complainant alleged that the [NA] complainants had broken into his office to obtain the incomplete forms...

5. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...including associates, friends and his wife. [18] Mr BKT attempted to recover the information he had inappropriately disclosed and sought assurances from the lawyers concerned. Most of the lawyers involved responded positively although Mr BKT’s request was met with resistance from some quarters. [19] Mr AJR says he had warned Mr BKT this could happen. With his longstanding concerns vindicated, and personal information apparently still at large, Mr AJR made a complaint to the...

6. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...in evidence). In that case Lang J held that the IGC payments in that case could not be regarded as “outgoings” for the purposes the agreement for sale and purchase. That agreement (on the Auckland District Law Society & Real Estate Institute form) has the same provision as to “outgoings” in the SPA. I note in that case at the relevant time WXT’s IGC charging policy was the old policy where they charged the developer. Had Phoenix Holdings Trust and the other parties sought t...

7. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...has not shown that it is more likely that C was sold with an underlying condition that caused her to suffer a prolapse, the claim must be dismissed. Referee: Cowie Date: 6 April 2022 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...

8. SM v CT [2020] NZDT 1432 (4 August 2020) [pdf, 223 KB]

   ...CT breach the contract of sale with SM? b. What remedy is SM entitled to? Did CT breach the contract of sale with SM? 5. There is a contract between the parties for the sale and purchase of the vehicle even though the contract might not be formally in writing. 6. The Contract and Commercial Law Act 2017 (CCL) implies into all contracts for the sale of goods certain conditions and warranties as to title and quiet possession. Section 135 says: (1) In a contract of sale there...

9. D Ltd v M Ltd [2023] NZDT 731 (13 December 2023) [pdf, 221 KB]

   ...terminating yet continued using their services, that a fair and just outcome is that M Ltd pay for 50% of the amount claimed by D Ltd. M Ltd is to pay D Ltd $1,776.06. Referee: Kaho Date: 13 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 re...

10. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 4 No refunds on tickets except where required by the Consumer Guarantees Act 1993. No refunds or other compensation will be given if an advertised artist or act is changed, cancelled, or the length or content of their performance is changed. 7. MI argued that the rain date may have been put into the terms and conditions after she purchased her ticket. E Ltd’s representative, EI, acknowledged that there had been some online speculation about this....