Search Results

1. [2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]

   ...contracted out of Marra and into a joint venture entity, and that he would receive the same benefits as those paid to Dominion employees. This was obviously a reference to his earlier conversations with Mr Bailey. [32] The email also referred to a request for an increase in salary; he said he had been given a company vehicle he had used on the joint venture project, as compensation for an increase. On the evidence presented to the Court, the provision of the vehicle was appar...

2. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...Proffitt, the assessor and Thomas Wutzler, the claimants’ expert. Some defects were also mentioned in Mr Prouse’s report referred to by the parties. Roof and drip edge [25] There was a failure to turn down the ends of the metal roof to form a drip edge (exacerbated by low pitch) and a failure to form a drip edge to the barge flashing over the kitchen roof. There was a lack of cover to the flashings on the north east and south west elevations. The building underlay had...

3. PG Ltd v KH Ltd & JC Ltd [2014] NZDT 1346 (31 October 2014) [pdf, 217 KB]

   ...I am satisfied the length and nature of KH’s inaction after discovering the mistake raises a valid estoppel. I dismiss KH’s counterclaim. Referee: J Costigan Date: 31 October 2014 CI0301_CIV_DCDT_Order Page 5 of 5 Information for Parties Rehearings On application of a party to the proceedings, the Disputes Tribunal may order a rehearing of the proceedings, on such terms as it thinks fit. If you wish to apply for a rehearing, you can obtain an applicati...

4. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...safely pack up and arrange for the return all the curtains purchased from S Ltd to them, with shipping of the boxes with the curtains to be paid for by S Ltd. Referee: C Price Date: 01 August 2023 Page 5 of 5 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. Body Corporate 201036 and Unit Owners of Parnell Terraces [2010] NZWHT Auckland 30 [pdf, 119 KB]

   ...adjudication. A claimant has the particular definition of being the person who applies for an assessor’s report with the Department of Building and Housing. The combination of ―claimant‖ and ―claim‖ as used in s 16 together with the information on how a claim is brought in s 9 in my opinion does not allow the wider meaning of claim as suggested by Mr Rainey. The narrower interpretation of the date on which the claim was brought as being the date the owner or representat...

6. T Ltd v EO [2024] NZDT 814 (20 December 2024) [pdf, 201 KB]

   ...dated 27 and 29 June 2024 affirmed the contract. 10. EO disputes that he had engaged T Ltd. He says that his initial communication was exploratory in nature and that T Ltd were never properly authorised to act on his behalf. 11. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. Often this relies on an offer, and acceptance of that offer. There must also be certainty about the terms that have been agreed to.

7. Buck [2010] NZWHT Auckland 34 [pdf, 89 KB]

   1 [2010] NZWHT AUCKLAND 34 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6324: VICKI SUSAN BUCK AND LINDSAY WILLIAM LLOYD – 14 JANE DEANS CLOSE, RICCARTON, CHRISTCHURCH ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Vicki Buck and Lindsay Lloyd are the owners of a house at 14 Jane D...

8. [2019] NZLVT 002 The Trustees of the Jiong Swee Family Trust v Auckland Council [pdf, 2.9 MB]

   ...are still Plan breaches. She notes also that the Regional Council proposed that potentially interested parties be given an opportunity to join and that NRC subsequently instructed an air quality expert. [26] Further, Ms de Silva confirms that NRC formed the view at the second mediation that the abatement notice was defective and subsequently, in light of that position and legal advice, they withdrew the abatement notice. She notes that the eventual wording adopted for the undertakin...

9. TQ v OD Ltd [2021] NZDT 1426 (16 March 2021) [pdf, 188 KB]

   ...reasonable view of the bricks they were not the grey colour scheme described as ‘grey blend.’ 9. Accordingly, I find that OD Ltd is to pay TQ $3,000.00. Referee: A Baker Date: 16th March 2021 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 rehe...

10. N Ltd v B Ltd, SL, & I Ltd [2022] NZDT 236 (7 July 2022) [pdf, 150 KB]

    ...that the invoice for the clean-up and contamination testing fee is reasonable. Conclusion 22. For the reasons above, SL must pay N LTD, $11,615.00. Referee: Ms G Jaduram Date: 7 July 2022 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 r...