Search Results

1. Trustees of the JS & AJ Hamilton Family Trust v Complaints Assessment Committee 403, Amelia (Margaret) Reeve, Fleur Allinson & Kim Franklin [2017] NZREADT 54 [pdf, 229 KB]

   ...unconditional (through their solicitors) on 29 February. The trustees’ solicitors advised the Agency of the confirmation on 1 March. On 3 March, Ms Reeve emailed a “Multi-offer disclosure/Real Estate Agents Authority Guide Acknowledgement form” (“the multi-offer form”) to the trustees, with a request that they sign it and return to her. [8] Both the trustees and the second purchasers asserted their right to complete the purchase. We will refer to the asserted rights to...

2. [2014] NZEmpC 152 Davis v Commissioner of Police [pdf, 177 KB]

   ...and the Inspector had decided, following further inquiries, that there was simply no evidence to show that the Senior Constable had abused his position in relation to the cell incidents. The inquiry was not to be taken further. Mr Davis was informed of this at a meeting on 3 September 2009. He reacted badly, telling the Senior Sergeant that he was wrong and accusing him and the Inspector of sweeping the matter under the carpet and conducting a cover-up. He indicated that he no l...

3. Chalecki v ACC [2012] NZACA 16 [pdf, 67 KB]

   ...sought was for the allowance to be paid to the appellant as at the date of incapacity. Mr McCarthy also asked for copies of relevant documentation. [16] Unfortunately, the entire evidence for the appeal comprises the documents referred to above, the forms supporting the original RE assessment, the applications for review, all, apart from one of the applications for review, being filed by the appellant. [17] Despite being obliged under s 108(4) to provide copies of all relevant docu...

4. Civil Enforcement Form - 208 Filing a financial statement of judgment debtor individual [pdf, 336 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...

5. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

   ...dismissal. In brief, the two matters were: a) Forged signature On 8 June 2010, Mr Patel complained in a letter to Mobil management that on 8 April 2010 a co-worker (Aman) had forged his signature on a company document (a wages change advice form) without his permission. b) Health and safety issue On 1 June 2010, Mr Patel complained that on 29 May 2010 his manager (Riaz Ali) failed to give him permission to see a doctor or go home when he was feeling unwell at work. [6...

6. Wai-3300-A001-Report-Three-Research-Reports-Concerning-Constitutional-Issues.pdf [pdf, 2.7 MB]

   ...Chief Judge) as Presiding Officer, and Derek Fox, Dr Grant Phillipson, Prue Kapua, and Kevin Prime as members of the Tribunal panel.1 Professor David Williams and Dr Monty Soutar are now also members of this panel.2 In January 2023, Chief Judge Fox requested Tribunal Unit staff provide a review and summary of existing research completed for other Tribunal inquiries that may be of relevance to the Constitutional Kaupapa Inquiry. The Presiding Officer also requested a review and summary...

7. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...CCLA, whether there has been a breach of those terms and, if so, to what remedy is ET and HT entitled. Findings The contract 5. No written contract was entered into. Both parties are members of Dogs NZ which does provide a written form of contract but neither availed themselves of the use of the form. Consequently, the sale was simply an exchange of ownership of the dog for the price paid. As [dog] is registered with the NZKC, the appropriate paperwork was signed for reg...

8. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

   ...legally binding contract between the parties, in particular did the parties intend to create legal relations between them? 5. A legally binding contract arises when two parties agree about the same thing for an exchange of value, for example the performance of services in exchange for money. If the relationship between the parties is close, for example friends or family, it may be that the parties do not intend a legally binding contract to arise, even where the other elements of a co...

9. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...change to the shower, BC points out that that occurred before the job had even started and that the change was agreed to by WN. I accept that because the original quotation refers to the shower being tiled. The method and the cost of tiling therefore formed part of an amended scope of contract, but I am not persuaded that BC adequately made known to WN the further implications of this change in terms of needing an amendment to the Council consent, and also that the tiling and waterproofi...

10. MQ v CS [2024] NZDT 566 (29 July 2024) [pdf, 214 KB]

    ...care and skill”1. 7. This obligation extends to all parts of the job – not just the “hands on tools” work, but quoting, and communicating with the customer. 8. If a person gives a quote or estimate for a job, the price that they give forms part of the terms of the contract. 9. A quote is a fixed price. An estimate is an approximation. The extent to which a person can be held to an estimate depends on the circumstances. Sometimes an estimate is close to a quote – it is...