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1. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...(2009) 7 NZELR 1. 4 Waikato District Health Board v Clear [2010] NZCA 305. conditions. The Employment Court also found that Ms Clear‟s dismissal was unjustifiable. [5] During the three-year period between 2000 and 2003, Ms Clear made four formal written complaints to her employer about Ms Parata‟s conduct. The Court of Appeal described the first three complaints in these terms: [9] The first complaint [October 2000] focused on the stress Ms Clear said had been caused...

2. 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...

3. 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...

4. 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...

5. 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...

6. [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...

7. 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...

8. Smith v Wellington City Council [pdf, 146 KB]

   ...estimates were prepared in July 2005, and the Owners have asked that an 8% increase be added to these estimates to accommodate the rises in the costs of labour, materials and building generally since July 2005. I think that this is a reasonable request, and it is in line with my own knowledge of current building costs. This increases the repair costs from $137,812.50 to $148,837.50. 6.6 Betterment. Ms Divich made submissions on the need to reduce the amount of remedial costs...

9. 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...

10. 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...