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1. TC v CC [2024] NZDT 470 (13 June 2024) [pdf, 139 KB]

   ...apparent that there had been a leak for some time, which was not covered by insurance. 12. I find that the black mould discovered in 2022 was completely cleaned up before the stairwell was regibbed and re wall papered. A record of drying conditions form was provided which the repairer had completed when undertaking the drying process. There is also evidence that an anti-microbial treatment was twice applied as a make safe. 13. I reject any suggestion that the stairwell was regib...

2. Filing a financial statement of judgment debtor individual [pdf, 362 KB]

   MOJ208/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 13 INDIVIDUAL When should I use this form? This form lets the judgment creditor find out more about a judgment debtor’s ability to pay a judgment debt. It also lets the judgment debtor provide information so that a financial assessment can be completed without a hearing being required. Use this form if all the following apply: • you are either the judgment credit...

3. Montgomery [2010] NZWHT Auckland 32 [pdf, 85 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The letter from Nigel Montgomery dated 20 October 2010. The assessor’s report dated 26 July 2010. The letter from Scott Murray of the Department of Building and Housing to the claimants dated 28 September 2010 ad...

4. [2022] NZEmpC 189 Carver v Metallic Sweeping (1998) Ltd [pdf, 184 KB]

   ...time for allegedly failing to make material disclosures when he was re-employed. [10] At the hearing Mr Carver explained that the purpose of his application for leave was not to seek any order relating to his second dismissal. It was a request for time to enable him to gather evidence to support his claim relating to the first dismissal. Submissions about Mr Carver’s application proceeded on that basis. Discussion [11] Mr McGinn, counsel for Metallic, submitted that...

5. MM v NF Ltd [2022] NZDT 60 (31 May 2022) [pdf, 107 KB]

   ...a. I prefer the NF Ltd’s position that it is an inside facility with no outside capacity and so was prohibited from having more than 100 people; b. I do not accept that the contract was frustrated by an unexpected event which rendered the performance of the contract impossible or only possible in a very different way from what the parties contemplated, because the contract specifically anticipated and prescribed what would happen in the event of a Government Lockdown – namely that t...

6. SB Ltd v D Ltd [2021] NZDT 1686 (8 December 2021) [pdf, 113 KB]

   ...Ltd in smaller amounts on receipt of a purchase order until a new blanket order was required. In the past D Ltd’s account manager had contacted SB Ltd to let them know when a new blanket order was required. 3. In November 2019 a blanket order form had been signed by SB Ltd for around 5 pallets, which, based on usual usage, was expected to last until around December 2020 – in fact it lasted until March 2021 when the last of the jars was supplied to SB Ltd. At that time, D Ltd did n...

7. Savage v Accident Compensation Corporation (Lump Sum Compensation) [2022] NZACC 227 [pdf, 175 KB]

   ...relevant decision had been revoked. There is no record of Mr Savage applying to review the 14 November 1998 decision. [6] In 2014, an application for a further lump sum payment was made under the 1982 Act. [7] On 3 February 2014, Mr Savage requested further lump sum compensation under sections 78 and 79 of the 1982 Act. This was on the basis that he had received new medical evidence that the 1988 lump sum payment was wholly inadequate. [8] The new medical evidence that Mr Sava...

8. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

   ...Ltd The Tribunal orders: Z Ltd is to pay to NN and OD jointly the sum of $5,232.36 on or before 18 December 2024. Reasons: 1. In January 2024, NN and OD (“the applicants”) booked a rental car using [an online booking platform]. The car was booked with Z Ltd. 2. The applicants picked up the car on 15 January 2024 in [Location 1] from Z Ltd and completed the rental agreement. 3. On 16 January 2024, the applicants had left the car parked in the [Location...

9. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...COUCH [1] This case raises three interrelated issues. The first is how the Court can conduct a de novo hearing of a costs determination made by the Employment Relations Authority. The second is the extent to which the Court should call for information when a defendant fails to take any steps in the proceeding. The third issue is the manner and extent to which a party’s financial circumstances should be taken into account in making an award of costs. [2] Ms Ford was employe...

10. T Ltd v Q Ltd [2022] NZDT 93 (2 September 2022) [pdf, 197 KB]

    ...compressor, charger and battery kit (the kit) online through Q Ltd for $1079.00. 2. Q Ltd responded to the online order that the product was not available instore and would therefore have to be ordered from the supplier. 3. On 22 July Q Ltd informed T Ltd that the kit was no longer available and refunded T Ltd his payment. 4. T Ltd is claiming $2,000.00 for the cost of purchasing the kit as to acquire the kit the individual components of the kit now have to be purchased separa...