Search Results

1. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

   ...delivery. 33. The invoice sent states under the heading “terms of trade”, “should your account become overdue, full recovery costs will be added accordingly.” 34. While a supplier cannot add additional terms to a contract after it has been formed, this term was added at the start of the contract and before either party had performed their part of the contract. CM was informed in writing at the start of the contract that recovery costs would be added if his account became o...

2. CN & KN v F Ltd [2025] NZDT 188 (7 May 2025) [pdf, 207 KB]

   ...[Puppy]’s veterinary costs, special diet foods and the trip to [Veterinary clinic 2] for an assessment, and/or entitled to general damages for pain, suffering and inconvenience? What were the terms of the contract? 9. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by lookin...

3. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...[1] Mr Fitikefu complains that the Department of Corrections (Corrections) breached his privacy when it disclosed an assessment report about him to a service provider called Early Start. Early Start was at that time working with Mr Fitikefu’s former partner and baby daughter. 1 [This decision is to be cited as Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZ

4. Cheng v Corrections [2025] NZHRRT 7 [pdf, 332 KB]

   1 DECISION OF TRIBUNAL1 [1] Mr Cheng alleges that the Department of Corrections (Corrections) interfered with his privacy by failing to reply to “material aspects” of his requests for personal information made on 17 December 2019, 31 December 2019, and 19 January 2020. Mr Cheng also 1 This decision is to be cited as Cheng v Corrections [2025] NZHRRT 7. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2025] NZHRRT 7 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 010/202...

5. FP v UW LCRO 225 / 2010 (11 October 2011) [pdf, 99 KB]

   ...These included: the facts the issues potential causes of action strategy costs. [30] UV made a file note of the content of that discussion which UW referred to at the hearing. A copy of that file note was provided to me at my request following the hearing. The file note is in UV’s handwriting and it is apparent that it was made as the discussion proceeded, as the content is in some cases abbreviated. Nevertheless the file note is a useful record of what was dis...

6. QW v RH LCRO 166/2012 (18 October 2016) [pdf, 126 KB]

   ...counsel, because Mr BL had responded to the review application on Mr RH’s behalf, and Mr QW wanted representation at the review hearing to proceed on an “equal footing”.5 [51] On [Date] Mr KN indicated he would not be available on [Date], and requested alternative dates. This Office advised the parties that it might be possible to convene a hearing in [Date] if they consented, but that the review hearing would otherwise proceed as scheduled on [Date]. [52] The parties did no...

7. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...primarily relied on the tort of trespass. In such a case, a plaintiff must satisfy the Court that there has been an unjustified direct interference with its land; such a claim is actionable per se without proof of actual damage.15 [64] A legitimate request was made in the letter from Wendco’s lawyer of 25 May 2018 to Unite, and in notices that were sent to staff and displayed for them to view. [65] Unite contests whether evidence provided by Wendco to the Court in the form of p...

8. Te Whare Maire Trust - Lot 5 DP 8663 (2005) 87 Ōpōtiki MB 238 (87 OPO 238) [pdf, 3.9 MB]

   ...along with various other Waiotahi blocks. As a result the Registrar was unable to produce a report for Section 11 in the Parish of Waiotahi regarding the historical chain of title. By this date the Court had before it the original application and a request for joinder by Mr Toby Wikotu and the Upokorehe Incorporation. For the avoidance of doubt as to who were the applicants, an order was made under section 71/93 recognising the status of the different applicants before the Court. Min...

9. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

   ...thought that the next step in the proceeding was to be taken by the Company and was waiting for that to happen. She also says that she was unable to pay a lawyer for advice. What any explanation must overcome is the fact that the notice which forms part of the statement of claim specifically advised Ms Little of her obligation to file a statement of defence within 30 days. While I accept that Mrs Little genuinely held the mistaken belief she refers to, it suggests that she failed t...

10. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

    ...April 2024 Held at: Auckland District Court Appearances: The Appellant is self-represented B Johns for the Accident Compensation Corporation (“the Corporation”) Judgment: 17 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process – ss 134(1), 149(1) , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 July 2022. The Reviewer dismissed an application for review of the Cor...