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1. Hutchison v Solomon [pdf, 137 KB]

   ...because it would not have been obvious without removal of the path, fill etc. In the context that he was not converting the basement area from a non-habitable space to a habitable space but was rather just replacing linings to that area, I had formed the view that it was not incumbent on him to check out the waterproof nature of the lining to the exterior of that wall and there was not a duty of care owed to subsequent purchasers for him to do so. 6.26 Other factors that are r...

2. Dotcom v Crown Law Office [2018] NZHRRT 7 [pdf, 944 KB]

   ...Defendant 3 INDEX INTRODUCTION [1] Short summary of facts [1] The evidence [6] The defendants [11] The Crown [13] The burden of proof [14] “No proper basis for that decision” [18] BACKGROUND TO THE INFORMATION PRIVACY REQUESTS [24] THE TERMS OF THE INFORMATION PRIVACY REQUESTS AND THE TERMS OF THE REFUSAL BY THE ATTORNEY-GENERAL TO DISCLOSE THE REQUESTED INFORMATION [38] The July 2015 requests [38] The 5 August 2015 refusal of the requests [40] Transf...

3. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

   ...proceedings. … 8. Mr Bellamy claims that at the review he sought $4,047.56 (including GST) and costs, for the cost of Mrs Bellamy representing him. The Appellant’s Submissions [8] Mr Bellamy’s starting point is a completed ACC 5937 form namely an authority to act form dated 4 April 2013. In that form, signed by Mr Bellamy, it is recorded that his wife Maraea Bellamy is given authority to act on his behalf. The form also contains a “client representative declar...

4. B Ltd v H Ltd [2022] NZDT 270 (20 December 2022) [pdf, 182 KB]

   ...and Commercial Law Act 2017 provides that a party may cancel a contract if the other party breaches a term in the agreement. I have found that H Ltd has breached a term of the agreement. 8. However, the contract may only be cancelled if the performance of that term is essential to the cancelling party or significantly increases their burden. I accept the evidence PO that the time when the trailer would be made was agreed to at the outset of the contract and was impliedly an essential

5. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...and was it fit for the purpose? c) What sum, if any, is payable? What were the terms of the contract? 3. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 4. It was undisputed that the agreed pricing was $24,000.00, plus $14.00 per square metre for the additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The inv...

6. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...September 2021 for assistance with a partnership visa application. TO is not a licensed immigration advisor, but is, or was at the time, an employee of [Government Agency]. He says he was doing SB a favour, initially by assisting with an Official Information Act enquiry, and later by assisting with the visa application. 2. SB has quite a different version of events. She says she engaged TO to assist with her immigration matters and he charged a fee of $13,000.00 for that assistance (she...

7. KO v Q Ltd [2025] NZDT 205 (26 May 2025) [pdf, 196 KB]

   ...of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. 10. I advised the parties during the hearing that I am been unable to find there was any contract formed between them. This is for the following reasons: a. I am not satisfied that there was any offer. Q Ltd is of the view that it offered parking to KO, however a sign that says NO PARKING, PRIVATE PROPERTY, CUSTOMER PARKING ONLY STRICTLY...

8. Dablo v Tan [2013] NZIACDT 28 (20 May 2013) [pdf, 234 KB]

   ...under delegation). [27] Ms Tan did not lodge an application for residence at this time. Appeal to Removal Review Authority without authority [28] Ms Dablo was told an appeal had been lodged with the Removal Review Authority, and shown an appeal form that had been completed and signed as though she had signed it. In fact, Ms Dablo had never signed the form or given instructions for it to be completed. The appeal form was dated 24 November 2009. 4 [29] Ms Dablo regar...

9. Form 79 Response to Third Party Claim [pdf, 203 KB]

   Form 79 Ministry of Justice Collections Unit   www.justice.govt.nz/f ines/civil-debt 0800 658 952 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the follow...

10. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

    ...Respondents appear to be relying solely on the self interested advice of Mr Carswell and Bob Weston along with GEL, and their lawyers. Messrs Rabindran and Weston provided an evaluation report to TGL in March of this year on a tender process that requested proposals from suitable companies, which resulted in a shortlist of two, Ormat and Mighty River Power. [27] Ms Aikman submitted that given the close relationships between Messrs Rabindran, Carswell and Weston and their associated...