Search Results

1. BL & DL v L Ltd & V Ltd [2023] NZDT 304 (9 August 2023) [pdf, 191 KB]

   ...defect so that it is not of acceptable quality and accordingly they are not entitled to return the umbrella and be refunded the purchase price. Referee: K Cowie DTR Date: 9 August 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

2. EB v U Ltd [2023] NZDT 77 (21 February 2023) [pdf, 203 KB]

   ...discussion in the hearing about what BZ had said to EB. BZ, of course, was the builder doing the work, and it was not his job to price work, or to deal with contract variations. If an alteration was to be made to the original contract specifications, information about any increase of price for that should have been given directly to EB from U Ltd itself, or from the quantity surveyor. I accept that no one from U Ltd spoke directly to EB about the increased price for breaker boards, and th...

3. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

   ...price related to the industry standard”, and that he did not recall receiving any follow-up written contract for the recruitment. [4] TX appeared as a witness for UH. He added to what he had said in the emails cited above by stating that he had informed BI that he had asked UH to search for suitable administrative staff for C Ltd. TX described himself as having been, at the relevant time, a “jack of all trades” for C Ltd. He had been an independent contractor, and had been authoris...

4. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...established. My order therefore clarifies that ZD must immediately pay $690.00 to HX if he has not already done so. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: E Paton-Simpson Date: 4 October 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

5. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...made no order that affects J Ltd, as it will deal separately with MO regarding any obligation that it may have to him under his insurance policy. Referee: C Hawes Date: 20 June 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

6. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

   ...breach of the vendor warranties in the Agreement, OC is entitled to a remedy. The law of contract says that this amounts to what is required “to financially restore the plaintiff to the position which it would have occupied had the contract been performed ..”1 14. OC has provided evidence that the heatpump was unable to be repaired. I find that she was therefore required to replace it and the cost of $2,800.00 seems reasonable. 15. However, OC now has a brand-new working heat...

7. Hourly-rates.pdf [pdf, 108 KB]

   ...should retain sufficient documentary evidence and records to be able to support each claim in the event of an examination and/or audit under the Legal Services Act 2011. As part of the Ministry’s assurance programs, evidence and records may be requested for the purpose of ensuring the work completed was actual and reasonable and the provider has fulfilled their legislative, contractual and professional obligations. Further information Further information on providers hourly rat...

8. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...Cavell Leitch Law who from that point on provided advice in relation to the Trust’s employment issues with Mrs Walker. 9. On 27 February 2012 Mr Weir and the Board’s then chair Helen Slot-Brand had an initial meeting with Mrs Walker to inform her that 4 See for instance Julian v Air New Zealand Ltd [1994] 2 ERNZ 88 (EmpC); and New Zealand Police Assoc Inc v Commissioner of Police [1995] 1 ERNZ 658 (EmpC). certain all...

9. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...covered by the building wrap and is moisture stained. [63] There is moisture penetration through the LAM on the flat roof. The LAM is incomplete at the north end. [64] The west balcony has a ply substrate, LAM and tile finish. The balcony forms the roof of the living room. The internal gutter at the balcony is incomplete at the outer edge of the ply substrate and the transition through the balustrade towards the rain head. There is no drip edge and moisture is not preven...

10. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

    ...word “notice” in the relevant section does not refer to the means of communication of the notice and that: Where there is a contractual right to provide payment in lieu of an employee working out the notice period, then provided the employer informs the employee that his employment agreement is being terminated under a trial period clause, when termination takes effect, that he will be paid in lieu of working out the notice period, this constitutes “notice” pursuant to s 67B...