Search Results

1. UU v QH & H Ltd [2025] NZDT 33 (14 January 2025) [pdf, 176 KB]

   ...sum of $2,662.35 to H Ltd on or before Tuesday 4 February 2025. Reasons: 1. On 15 May 2024, QU (the son) delivered a [vehicle] belonging to his mother UU (the owner) to H Ltd (the repairer). The son wrote “engine check light” on the booking form but did not sign the form or receive a copy of it. The repairer spent many hours diagnosing the problem and eventually discovered an intermittent short in the wiring loom, which was quickly fixed once found. 2. The repairer sent the own...

2. [2017] NZEmpC 118 - Nathan v Broadspectrum (NZ) Ltd [pdf, 380 KB]

   ...[6] Mr Nathan is seeking costs for the proceeding that led to the October judgment of $25,300 including GST. That is the amount of the costs actually incurred by him. In addition, disbursements amounting to $694.05 are sought. A further $1,000 is claimed for preparing the application for costs. 1 Nathan v Broadspectrum (New Zealand) Ltd [2016] NZEmpC 135, (2016) 10 NZELC 79-070. 2 Nathan v Transfield Services (New Zealand) Ltd [2015...

3. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

   ...advised the Court that the plaintiff would not be filing any closing submissions and the following day he advised the Court that the matter could be dealt with on the papers without a further hearing. I now proceed to deal with the matter as counsel requested, having derived much of the factual background from Mrs Kirkley’s briefs of evidence. Factual background [8] Mrs Kirkley joined the plaintiff in November 2002 with a background of working as a practice manager in a medic...

4. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...September 2016. However, at Ms He’s request, she submitted a new report calculating commission at five per cent of sales. In my view, while she was reluctant, she accepted a commission of five per cent of sales and provided monthly reports and claims on that basis for October, November and December 2016 and January 2017. [19] For October 2016, Ms Wei was paid a fixed amount of $3,750 (less tax) plus an amount of $5,097.21 that, together, added up to $8,847.21, the same amount as t...

5. Wanoa v Wanoa - Succession to Rawiri Wanoa [2023] Chief Judge's MB 186 (2023 CJ 186) [pdf, 528 KB]

   ...would be granted only a life interest in his father’s estate. However, the will which was executed by the Court in 2015 gave his mother sole ownership of the whenua Marangairoa A56, which was left to his father by his grandmother. Christopher requests that the Court correct the succession orders vesting Marangairoa A56 solely in Faith. He invokes s 108(4) of the Act which states that only a life interest in Māori Freehold Land may be passed to a partner or spouse, as well as s 10...

6. [2021] NZACC 106 - Panui v ACC (28 July 2021) [pdf, 620 KB]

   ...occurred on 15 January 2018. [2] On 24 January 2018 Mr Heiss-Dunlop signed an ACC form stating that Mr Panui had suffered a treatment injury. He also wrote an accompanying letter to the Accident Compensation Commission (‘ACC’) supporting a claim for a treatment injury. Mr Heiss-Dunlop’s view was that the infection that led to the amputation was most likely from an attempted elbow joint fusion performed in September 2016. [3] ACC’s view is that the 2018 infection was...

7. [2012] NZEmpC 137 Glenmavis Farm Partnership (2007) v Todd [pdf, 163 KB]

   ...response to a letter from solicitors setting out Mr Todd’s several concerns about the state of the employment relationship between the parties. These included his concern that there was no executed employment agreement. It addressed also his request for certainty and peace of mind about the land that he had purchased but which was the subject of a registered mortgage securing the loan. Dr Walker and Mr Budge took time to consider their position after receipt of the lawyer’s...

8. UM v PH Ltd [2021] NZDT 1682 (14 December 2021) [pdf, 173 KB]

   ...because they were not of acceptable quality or were unfit for their purpose. The necessary proof is simply lacking, and UM’s claim must therefore be dismissed. Referee: C Hawes Date: 14 December 2021 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...

9. KM & LM v BN [2023] NZDT 181 (12 July 2023) [pdf, 122 KB]

   ...more; and b. BN is not entitled to a refund of the amount that she has paid. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Nicholas Blake Date: 12 July 2023 (date of issuance of amended Order) Page 5 of 5 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. DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]

    ...CJ LTD tested the battery and provided data to T Ltd. T Ltd does not have (and has never had) physical possession of the battery. b. The data is inconclusive in terms of the reason for the failure. The results show no sign of reduction in performance over time, which is the common symptom of cell balance. This aligns with DC’s evidence that he did not experience any loss of performance before the sudden failure of the battery. c. A cell failure could have a range of causes incl...