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1. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 KB]

   ...Tribunal Act 1988 only allows for a party to claim a refund of these costs in certain limited circumstances, none of which apply in these circumstances. Referee: K Armstrong Date: 20 December 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...

2. DQ Ltd v L Ltd [2024] NZDT 217 (5 March 2024) [pdf, 97 KB]

   ...insurers. Although the name of the insurer was disclosed within that document, L Ltd did not simply notify the Tribunal who the Insurer was as requested. The Registry should not be expected to review all correspondence received by a party to find information. As a consequence of the information not being given within the timeframe and L Ltd not simply informing the Tribunal of who the Insurer’s were and their contact address, It does not appear that L Ltd’s insurers J Ltd have been giv...

3. HC v HT [2024] NZDT 223 (21 March 2024) [pdf, 177 KB]

   ...(DTA) enables the Tribunal to rely on the available evidence. Is HC entitled to the sum claimed? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing – an agreement can be formed verbally or inferred from the parties conduct. 6. HT acknowledged and I accept that $10,000.00 was a loan given to him by HC to help him by his house. However, his position is that he was not required to repay the amount because:...

4. BH v JT [2024] NZDT 65 (17 January 2024) [pdf, 185 KB]

   ...she looked up. JT denies hitting the [vehicle] and says as he drove up [road] he observed a white vehicle ahead of him on the road scrape the [vehicle]. 2. I was impressed by the honesty and genuineness of all parties who provided evidence or information to the Tribunal in relation to this claim. 3. The issues to resolve the claim are: a. Did JT damage the [vehicle] on 16 August 2023? b. If so, what are the reasonable ad foreseeable costs of repairing the damage caused? Did...

5. LW v N Ltd [2024] NZDT 352 (13 May 2024) [pdf, 133 KB]

   ...(NZ). 2. On 3 January 2024 LW emailed N Ltd to ask ‘how can I get an exemption for this’ [purchase of a specific parcel of land to build on], and also ‘what types of property can I buy without permission’. N Ltd responded asking LW for information regarding his citizenship/residence status and the classification of the land. It also provided general information on when a foreign national can purchase property in NZ and said that ‘if you don’t qualify it will be much harder...

6. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...integrity testing.6 C3 Ltd has accepted that, under the Standard, it is considered best practice that, where there are issues with a specimen’s integrity that may indicate tampering (such as the use of fake urine or other types of adulteration), to request a second sample from the employee and to send both samples to the laboratory to be analysed. (g) However, C3 Ltd elected not to include the full Standard into its D & A Policy. The D & A Policy does not require a...

7. [2015] NZEmpC 97 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 268 KB]

   ...Regard must be had to the court-directed part of the document disclosure exercise, the first instance of which was the second interlocutory judgment delivered on 4 December 2014. [12] The plaintiff says that on 22 January 2015 the defendant requested an extension of time to comply with the Court’s 4 December 2014 orders “as it did not consider complying with the Orders a business priority”. Then, the plaintiff says, on 13 February 2015 the defendant provided “grossly def...

8. MVDT Annual Report 2019-2020 [pdf, 381 KB]

   ...name for the defendant should be No Reserve Cars Ltd”, which Mr Bhatia had claimed was his employer. The matter was then remitted back to the Tribunal in December 2019, and adjudicator Jason McHerron reheard the matter. After considering the information provided to the Tribunal and the District Court, Mr McHerron determined that, in addition to Mr Bhatia and No Reserve Cars Ltd, two other parties had sufficient connection to the matter to be joined to the proceeding. They were Antony...

9. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...that of legal professional privilege. This term encapsulates solicitor client privilege, which is described in s 54 of the Evidence Act 2006 (the EA). It relevantly states: 54 Privilege for communications with legal advisers (1) A person who requests or obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the...

10. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

    ...was not of acceptable quality. I say that because LG was told that the parts had all been replaced with brand new parts, and that OE would provide a full cover 3-month warranty for everything. Those things tend to suggest that the spa pool would perform at a higher level than a second-hand spa pool which had not been reconditioned, which would include the absence of a persistent leak. If not, was it remedied within a reasonable time? 12. Section 18 of the CGA states that where goods...