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1. UD v CE [2023] NZDT 73 (4 April 2023) [pdf, 199 KB]

   ...For these reasons, I find that the exception created in Rule 1.8 on this occasion should be applied and I find that CE is not liable for the damage he caused. Referee: C Murphy Date: 4 April 2023 Page 3 of 3 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...

2. T Ltd v R Ltd [2023] NZDT 100 (24 March 2023) [pdf, 193 KB]

   ...the validity of bank account details directly with the other business before paying accounts. This is particularly so when dealing with a new supplier. T Ltd also highlighted the fact that the email which sent the invoice to R Ltd was a [email platform] account and that should have alerted R Ltd to a possible problem. T Ltd said it appeared that NQ from R Ltd paid the account himself rather than using his bookkeeper. 17. NQ of R Ltd said he always pays accounts himself and he does not...

3. KK v Q Ltd [2023] NZDT 258 (29 May 2023) [pdf, 182 KB]

   ...concluded. I was unable to have a discussion with the parties to see whether the claim could be resolved by agreement, but given that the hearing had already lasted nearly 2 hours, I decided not to adjourn the hearing but rather to make a decision on the information that had been presented while KK was on the call. Is Q Ltd liable for any damage to the meat while it was being sent? 4. I am unable to make a finding that Q Ltd are liable for the damage to the meat because the contract...

4. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...B Ltd has pointed out the multiple times the need for a [visa] is required for travel through [Country 2] on its website. It has pointed in particular to the first paragraph on the first page of its e-Ticket where under the heading “Important Information for [Country 2]:” it states. 15. “Customers transiting or entering the [Country 2] on the Non-immigrant Visa Waiver Programme should obtain a [visa] at least 72 hours before their departure date or earlier. Travel will not be permi...

5. TN v T Ltd & X Ltd [2024] NZDT 340 (24 April 2024) [pdf, 96 KB]

   ...and conditions and I do not consider that a breach of contract has been able to be proved in this case. For these reasons the claim must be dismissed. 12. I note that in any event TN has now received back his old phone, and can sell it on a platform such as [website]. He may well be able to realise there the amount that he has suggested the phone is worth, and so even if there had been a breach of contract by T Ltd or X Ltd, it is questionable whether any loss could have been proved....

6. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...

7. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

   ...to the trust, given its existing relationship with some of the trustees. The trust set up a limited liability partnership as a commercial vehicle to complete and manage the papakainga project. To progress the loan, credit application and check forms were required from each of the trustees as a first step prior to any application being made. Ms Nathan sought these on 27 January 2018, 6 Puna - Rotopounamu 1B3A2C (2018) 70 Tāk...

8. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...1.6014ha but adding up the areas shown on the title plan SO 457739 which accompanied the notices to take gives a total area of 1.4702ha. It may be that the latter area does not include some land on the northern side which may previously have formed part of the property but which now forms part of the Auckland - Hamilton motorway. Ultimately this makes no real difference to the present issue. 3 [6] The area sought to be taken by the Council totals 3,047m2 , in three sections al...

9. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...extensive experience and the fact that he holds an Honours degree in Law and will be admitted to the bar this year. I accept that this more than adequately justifies Mr Forster’s charge out rate, but unfortunately, in the absence of any objective information at all concerning the attendances and disbursements that make up the costs claimed on review and the inescapable impression that costs may not have been charged as yet for these three reviews and may indeed not be charged at all,...

10. Ross and Ellis v Te Moni - Otumoko B4 (2010) 2 Waikato Maniapoto MB 243 (2 WMN 243) [pdf, 62 KB]

    ...consent to build a temporary house on the block. The defendants used their savings to build a house on the block and have lived there since 1996. [5] In evidence Mr Ellis said that he sent a letter to the defendants on or about 16 August 2005 requesting that they quit the block and remove their house. He said that since then he had on two or three occasions orally asked the defendants to remove their house. He also mentioned that he had written some additional letters to the defe...