Search Results

1. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...for the collision. If so, was there damage caused to TH’s car? 38. I have viewed the photos and I have also read the Motor Vehicle repair assessment provided by TH’s insurer. I am satisfied that there was damage caused to TH’s car as claimed. CI0301_CIV_DCDT_Order Page 4 of 5 39. I am also satisfied that the damage caused is consistent with the collision as it has been described. If so, what is the remedy? 40. The normal measure of damages in a claim of ne...

2. Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (2016) 354 Aotea MB 213 (354 AOT 213) [pdf, 301 KB]

   ...to remove her is unfounded and displays a lack of loyalty to a whānau member who she says has achieved much for the hapū. [3] Ms Te Awe Awe-Bevan filed a letter of resignation dated 13 January 2016. Notwithstanding the letter the trustees requested that the application for removal be heard and determined. The final hearing was held on 9 March 2016. 1 Issue [4] The issue for determination is whether or not the respondent should be removed for cause as a trustee. The follo...

3. [2010] NZEmpC 53 Mars NZ Ltd v MCWU & anor [pdf, 15 KB]

   MARS NZ LTD V MCWU & ANOR WN 11 May 2010 IN THE EMPLOYMENT COURT WELLINGTON [2010] NZEMPC 53 WRC 6/10 IN THE MATTER OF an application for injunction AND IN THE MATTER OF an application for costs BETWEEN MARS NEW ZEALAND LIMITED Plaintiff AND MANUFACTURING AND CONSTRUCTION WORKERS UNION INC First Defendant AND SIMON BOOTH AND OTHERS Second Defendants Hearing: by memoranda of submissions filed on 14 and 28 April 2010 Judgment: 11 May 201...

4. Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) [pdf, 422 KB]

   ...memorandum of counsel was filed by the trustees together with the relevant account information. Further directions were issued by the Court on 20 June 2018 with a view to setting a hearing date in relation to both the partial termination and succession applications. The Court requested the parties indicate their availability for proposed Court dates. [14] Affidavits of the applicants were then filed, dated 28 and 29 June 2018. Further directions were issued on 4 July 2018 for the...

5. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   ...took an assignment of all claims he may have in respect of that reduction, $75,000.00. The claim was eventually for one half of the cost of repairs and recovery of that sum of $75,000.00 plus other relief. The claim is allowed to be made in that form; the claimants are entitled to make those claims and that the assignment was valid. 2.3 The claim for consultants' costs is disallowed as these were costs in the adjudication. The claim is discounted by one half of the cost...

6. [2011] NZEmpC 97 Quan Enterprises Ltd v Fair [pdf, 65 KB]

   ...job description, no proper wage and time records and no record of any holiday pay having been paid to the defendant. There was even a dispute over Mrs Fair’s wage entitlement. [3] In its determination, 1 the Authority upheld Mrs Fair’s claim finding that her dismissal by the plaintiff had been unjustified. She was awarded a total of $15,459.15 for wage arrears, holiday pay and loss of wages resulting from her dismissal along with compensation of $1,000 for non-economic los...

7. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

   ...arbitration tribunal. We recommend you discuss these options, and potential funding for them through Budget 2018, with your Ministerial colleagues and advise us of your preferred approach. Executive summary 3. Most Canterbury earthquake insurance claims have been settled using existing legal processes and dispute resolution schemes. Processes for settling claims, and resolving insurance disputes, have evolved since the earthquakes to deal with an unprecedented number of claims....

8. AR v ZG LCRO 60 / 2010 (15 March 2011) [pdf, 82 KB]

   ...[12] An essential point raised by the Applicant is that the consent of all three Trustees was required for any decisions made by the Trust. In this light he objected to the Practitioner having undertaken work for the Trust that had been done at the request of his wife, about which he claimed to have no knowledge. This appeared to be the basis of his objection that he, the Applicant, ended up paying for a bill in relation to work in respect of which he was unaware. [13] In reply...

9. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   CI0301_CIV_DCDT_Order Page 1 of 8 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 531 APPLICANT MC APPLICANT TC RESPONDENT B Ltd The Tribunal orders: 1. The claim is dismissed. 2. The counter-claim is dismissed. Background 1. In October 2022, MC and TC booked a 5-day [trek] with B Ltd. 2. The cost was $7,500.00. 3. MC and TC arrived at the [ranch] on 17 April 2023 for the commencement of t...

10. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

    CI0301_CIV_DCDT_Order Page 1 of 6 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 466 APPLICANT FN APPLICANT NH RESPONDENT K Ltd SECOND RESPONDENT O Ltd The Tribunal orders: K Ltd is to pay FN and NH $5,421.00 by 15 September 2023. Background 1. NH and FN own a property on [Address]. They wanted to carry out a two-lot subdivision. 2. They contacted K Ltd, a surveying business i...