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1. Naidu v Royal Australasian College of Surgeons [2018] NZHRRT 23 [pdf, 252 KB]

   ...present case there is no particular conduct by RACS which has any significant bearing on the issue of remedies except the fact that the statutory time limit was breached by only 11 days. The real issue is whether that delay was causative of any of the forms of harm asserted by Dr Naidu. A declaration of interference [33] While the grant of a declaration is discretionary, declaratory relief should not ordinarily be denied. See Geary v New Zealand Psychologists Board [2012] NZHC 384...

2. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...volume of material from his instructing solicitors and had not examined it thoroughly to see whether the documents he wished to see were there. I suggested to Mr Drummond that he should diligently search the documents he or the defendant has before requesting further copies from the plaintiff. If such a request was necessary, the plaintiff should respond but the cost of doing so would be taken into account when fixing costs. Discussion [13] I can only conclude from the issue ov...

3. KC v KZ [2024] NZDT 421 (30 April 2024) [pdf, 205 KB]

   ...the photos attached to the [online] advert. The tyres were clearly visible to all prior to purchase. 27. For these reasons, this claim is dismissed. Referee: P Byrne Date: 30 April 2024 Page 4 of 4 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 r...

4. [2015] NZEmpC 181 Allied Investments Ltd v Guise [pdf, 167 KB]

   ...concerns the events that then unfolded once Ms Guise was informed of that decision. Ms Guise pleads that she was told by Allied that she would be stood down for two weeks without pay and then re-employed as a casual part-time employee. She claims to have been told that there was no other alternative work available over the Christmas period as the Christmas rosters had already been completed and she further claims that Allied would not allow her to access her outstanding ho...

5. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   ...associate, and partner respectively at [ABC], Lawyers (the firm). [2] The Committee determined that (a) Mr BK failed to act competently for Ms CL on the purchase of a residential property by not advising her of the risks of not obtaining a Land Information Memorandum (LIM), and a building report, and (b) Mr AM failed to competently supervise and manage Mr BK’s work. [3] Ms CL says on 16 September 2013, after viewing for the second time a residential property with a cross lease...

6. Cree v Accident Compensation Corporation (Interest on Compensation) [2023] NZACC 195 [pdf, 288 KB]

   ...Cree’s circumstances include: (a) Wardle v Accident Rehabilitation and Compensation Insurance Corporation:28 In Wardle, the appellant lodged a claim for cover in 1992. This claim was not accepted until 1999. After accepting cover, the Corporation requested Mr Wardle’s pre-accident earnings, which were received on 24 August 1999. The Court held that interest runs from one month after the financial information was received, namely 24 September 1999. (b) Kirk v Accident Comp...

7. DX v VC Ltd [2016] NZDT 938 (27 January 2017) [pdf, 140 KB]

   ...remedy, but that they had not done so because they believed that they were not legally obliged to. He said that in any event they did offer to repair the couch in November 2015. [18] DX has given VC Ltd at least one chance to remedy via her email request to the customer service centre. That alone is enough. However I am satisfied that she also went into the A Town store to speak to the staff there after the first slat broke, because it is probable for that to have happened. On bot...

8. EM & LM v KQ [2021] NZDT 1451 (7 April 2021) [pdf, 136 KB]

   ...states that “a party may cancel contract if another party repudiates it: (1) A party to a contract may cancel the contract if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to— (a) perform B’s obligations under the contract; or (b) complete the performance of B’s obligations under the contract”. 11. From the evidence provided by both parties and the copy of the note left by KQ on 1 February 2020, it is evident tha...

9. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   ...CGA. 24. For these reasons I am unable to make any award for consequential losses in this case and so I find that E Ltd is liable to pay TD $1,432.00. Referee: L Trevelyan Date: 20 December 2023 Page 4 of 4 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...

10. DH & MX v SL [2024] NZDT 287 (30 March 2024) [pdf, 109 KB]

    ...the boundary fence is reinstated to the same condition that it was prior to the work being done. Therefore, this part of the claim must also be dismissed. Referee: Nicholas Blake Date: 30 March 2024 Page 4 of 4 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...