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1. Smith v Accident Compensation Corporation (Personal Injury) [2023] NZACC 98 [pdf, 194 KB]

   ...[Claim for interest on weekly compensation – s 114(1), Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal against the decision of a Reviewer dated 24 February 2023. The review related to Mr Smith’s review application, dated 27 September 2022, claiming backdated interest on late payments of weekly compensation for the period from 4 October 1991 to December 2004. 2 Background [2] Mr Smith was born in 1948. [3] In January 1990, Mr Smith...

2. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

   ...panel repair shop on the 31 March 2022 and the 1 April 2022 seeking a quote for the repair of the left door and panel? Can BC claim ownership and privacy of the of the dashcam footage left with the vehicle from after the 29 March when the contract is claimed to have formed? c. Was the sale offered “as is where is” and accepted by ND. d. As a bailee of the truck, has BC failed to use reasonable care and skill to secure the safekeeping of the goods? e. Was BC under a duty to...

3. [2020] NZEmpC 71 Grigorovich v Precise Ltd [pdf, 344 KB]

   IGOR GRIGOROVICH v PRECISE LIMITED [2020] NZEmpC 71 [27 May 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 71 EMPC 49/2020 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for leave to adduce further evidence BETWEEN IGOR GRIGOROVICH App...

4. ABO and ABP v ZYP [2013] NZDT 65 (2 April 2013) [pdf, 72 KB]

   ...APPLICANT AND ABP SECOND APPLICANT AND ZYP RESPONDENT Date of Order: 2 April 2013 Referee: Referee Haronga ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Applicants’ claim is dismissed. Facts [1] ABO and ABP bought a second-hand washing machine from ZYP on Trade Me for $150 plus delivery fee of $40. One month later the machine stopped working. They asked ZYP to either replace or re...

5. AI v ZR Ltd [2014] NZDT 610 (7 August 2014) [pdf, 19 KB]

   IN THE DISPUTES TRIBUNAL [2014] NZDT 610 BETWEEN AI APPLICANT AND ZR Ltd RESPONDENT Date of Order: 7 August 2014 Referee: Referee Blyth ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] On 8 October 2013 the Police seized and impounded a car driven by the applicant’s son (AA). The Police issued a “Vehicle seizure and impoundment notice” (the notice) which stated the “Driver’s full...

6. KM v NT [2024] NZDT 218 (5 March 2024) [pdf, 84 KB]

   Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 218 APPLICANT KM RESPONDENT NT OTHER PARTY S Ltd Result of application for rehearing: Rehearing Refused The Order of 17 August 2023 stands. Reasons for decision: 1. KM brought a claim in the Disputes Tribunal against NT and S Ltd. 2. On 17 August 2023 I dismissed KM’s claim as he did not attend the face to face hearing to present hi...

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

   ...1451 APPLICANT EM APPLICANT LM RESPONDENT KQ The Tribunal orders: KQ is to pay EM and LM the sum of $2,092.93 on or before 5pm on 26 April 2021. Reasons 1. On 24 December 2020 KQ provided a quote to EM and LM (the applicants) for the painting of their house at [address] (the house). The applicants accepted the quote on 24 December 2020. The applicants made three payments as follows: 14 January 2021, 25 January 2021 and 29 January 2021, each for $2,300....

8. HK v UB Ltd [2024] NZDT 252 (28 March 2024) [pdf, 199 KB]

   ...deposit. The Invoice clearly states the payment represents 50% of the accepted quote as per the Terms and Conditions. Both parties agree the original price agreed between them was $4,538.77. CI0301_CIV_DCDT_Order Page 2 of 4 7. A contract can be formed orally or in writing. Terms of contract are those that are agreed prior. I find that there was a contract between the parties and that the term of the contract as to price was in writing. Contract terms can be varied by agreement...

9. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...further particulars in the Employment Court Regulations, rule 185 of the High Court Rules applies. The settled principles from authorities relating to that rule are that there must be sufficient particulars in a statement of claim to: • Inform the other party of the nature of the case as distinguished from the mode in which the case will be proved.1 • Prevent surprise. • Enable the preparation of evidence. • Limit and define the issues. [5] The difference between fact...

10. Black & Anor as Trustees for Lyn Black Family Trust v KW & KR Gutsell Building Ltd [pdf, 186 KB]

    ...Industries Ltd 36 7. CONTRIBUTORY NEGLIGENCE 37 7.8 BETTERMENT 41 8. CONTRIBUTION BETWEEN PARTIES 43 9. COSTS 47 10. ORDERS 48 1.0 BACKGROUND 1.1 On 9 January 2003 the Claimant made application to the Weathertight Homes Resolution Service (“WHRS”) under the Weathertight Homes Resolution Services Act 2002 (the Act) in respect of their property at 5A Kepler Place, Te Anau. * correction made 26.9.2006 2 Claim 6...