Search Results

1. AF & SF v JM [2024] NZDT 122 (8 April 2024) [pdf, 165 KB]

   ...is not inclined to apply to the High Court for an order to allow proceedings in the Disputes Tribunal to continue. 5. This proceeding is therefore struck out. Referee: P Moses Date: 8 April 2024 Page 2 of 2 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...

2. SQ v LD [2023] NZDT 107 (10 February 2023) [pdf, 86 KB]

   ...of the rear bumper – LD’s view is that this is consistent with SQ’s vehicle having hit a pole or something similar at the corner with the bumper area having been shunted sideways, referring damage to the left- hand side. 5. Based on the information available, I find that even if LD’s vehicle did make contact with SQ’s, and there is no physical evidence to prove that there is insufficient evidence to prove that any loss was caused, because SQ’s vehicle looks to have been in a...

3. OC v OQ Ltd [2023] NZDT 447 (11 August 2023) [pdf, 199 KB]

   ...and is not liable for the loss, therefore the contract fee is not refundable, and the claim must be dismissed. Referee: L. Mueller Date: 11 August 2023 Page 2 of 2 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...

4. KY & LZ v SE [2023] NZDT 680 (15 December 2023) [pdf, 164 KB]

   ...DISPUTES TRIBUNAL [2023] NZDT 680 APPLICANT KY and LZ RESPONDENT SE The Tribunal orders: SE is to pay $3000.00 to KY and LZ on or before 26 January 2024. Reasons 1. KY and LZ purchased a [vehicle] from SE via [online platform] on 15 February 2023, paying him $3000.00 for the car. 2. Within a few weeks of SE delivering the car to them, [Car Rental Company] repossessed the car, showing KY and LZ proof of ownership and providing them with documents detailing SE...

5. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...not pursue the claims vigorously after 2006 because they only affected a minority of the Union’s members and because similar issues were then before the courts. [18] Although the substance of the annual holidays provisions did not change, the form of them was tidied up by the removal in the 2008/2009 agreement of the first paragraph of cl 9(g)(ii). Thus, the provision which must be construed and applied in this case is: (g) The provisions of the Holidays Act 2003 and any Act pa...

6. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...the terms as detailed in paragraph 1 above. 5. If the Authority has in mind making a referral back on terms additional to that proposed here, then counsel would first require to be heard. [7] The appeal decision is therefore intended to form the basis for the investigation of Hiria’s claim under s 2(a)(i) and records the relevant background facts and medical information that have a bearing on the consideration of the claim in light of Mitchell, and the directions that wil...

7. Williams v Cotter-Arlidge - Okaihau 3C2 (2019) 77 Tākitimu MB 51 (77 TKT 51) [pdf, 416 KB]

   ...Cotter-Arlidge, Mere Manning and Hana Cotter in person Judgment: 18 July 2019 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Kevin Williams is an accountant trading as Kevin Williams & Associates. He seeks payment for accounting services he claims were rendered to the Okaihau 3C2 Ahu Whenua Trust. He also says that he was engaged for the work charged for but has not been paid and to that end he has applied for a review of the trust. [2] The trustees deny the claim....

8. GL Ltd v MD [2020] NZDT 1369 (14 October 2020) [pdf, 208 KB]

   ...was made redundant from her part-time job. 2. The contract was on a contingency basis and the terms of engagement provided that, unless the case was completed and lost, a fee would be payable, either a percentage of amounts paid to MD by her former employer or a termination fee in specified circumstances (with amounts prescribed by the contract based on the type of work performed by GL Ltd prior to termination). 3. As MD’s former employer did not agree to voluntary mediation, BC...

9. [2013] NZEmpC 98 Brake v Grace Team Accounting Ltd [pdf, 79 KB]

   ...or more for each day of investigation meeting would have been appropriate. The Authority recorded that the investigation meeting that occupied about two days although part of the second day was used for an attempt by the parties to resolve the claims using a facilitator. [8] The Authority referred to other cases of awards reaching a total of $7,000 or even more, but concluded that there were compelling circumstances in the present case pointing to an award of much less than that...

10. CH v SU [2024] NZDT 868 (5 December 2024) [pdf, 156 KB]

    ...neighbour’s [vehicle 1] with damage to the right-hand side of the vehicle. HM also observed one other motor vehicle on the road being the rear end of a lime green [vehicle 2] travelling in a southerly direction towards the [Street] intersection. HM informed CH about what he observed and subsequently made a statement which has been disclosed. 3) CH with knowledge that a lime green [vehicle 2] may have been involved embarked upon an exercise to track down the owners of lime green [vehi...