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1. N Ltd v KB [2024] NZDT 101 (26 February 2024) [pdf, 140 KB]

   ...purchased the vessel. The circumstances in which that damage occurred are unknown. 32. I accept that the “bow roller damage” theory is more persuasive than the “headline jumping out of the bow roller” theory. I do not have sufficient information to support a finding about whether the bow roller damage is more likely to have occurred if the vessel was grounded. However, I accept that there was a high risk of B grounding at the new mooring. b. Did N Ltd fail to exer...

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. [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...

4. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...Standards Committee determination (27 June 2016) at [7]. 2 At [9]–[11]. 3 … The Committee noted Mr XS’ obligation pursuant to rule 9.6 of the RCC to render a final account and the need for Mr XS to provide with the account sufficient information to identify the matter, the period to which it relates and the work undertaken. In the Committee’s view Mr XS had failed to charge a fee that was fair and reasonable for the services provided and breached rule 9.6 of the RCCC. The...

5. CG & XG v QC & KC [2025] NZDT 109 (4 March 2025) [pdf, 220 KB]

   ...transaction for the sale and purchase of real estate the principle of “buyer beware” will apply. However, the law and the contract itself may impose obligations which offset this presumption. 11. In this case the parties entered into a standard form contract for the sale and purchase of real estate. They used the 6thth edition of the ADLS/REINZ contract. The sale and purchase agreement does not contain a general warranty as to the condition of the property, any warranties as to t...

6. [2010] NZEmpC 16 Aotearoa Coolstores Ltd V Waara [pdf, 18 KB]

   ...investigation meeting, he did not provide any written statements or submissions or documentary evidence at or before the investigation. These events were recorded in the Authority’s determination that ACL seeks to challenge. [5] I therefore requested a report from the Authority, under s 181(2) of the Employment Relations Act 2000 (“the Act”). That request required the Authority, under s 181(1)(a)-(b), to submit to the Court a written report giving the Authority’s assessmen...

7. [2025] NZEmpC 112  A Labour Inspector v Dao (No6) [pdf, 206 KB]

   ...legal fees. (d) The respondents may require the release of further funds and/or payments to be made from currently frozen bank accounts. Accordingly, the Labour Inspector will provide advice on the process to be followed for making such requests and will then facilitate appropriate requests promptly. [27] A review hearing will be held, if necessary, at 10 am on Wednesday 9 July 2025. The following timetable applies for that hearing: (a) The applicant is to file a memor...

8. Family Legal Advice Service Operational Policy v1.7 July 2017 [pdf, 460 KB]

   ...Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.7 July 2017 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and ful...

9. [2018] NZEmpC 83 Kaikorai Service Centre Ltd v First Union Inc [pdf, 904 KB]

   ...application under s 50J of the Act, which occurred on 22 September 2016. [9] Finally, the objection challenged disclosure of communication to or from Foodstuffs as not relevant. The challenges to the objections [10] By the time the parties requested this dispute be resolved on the papers the outstanding issues had narrowed, so they did not involve any argument about documents being subject to legal professional privilege or communication to or from Foodstuffs. The remaining iss...

10. DS v NS [2018] NZDT 1454 (7 May 2018) [pdf, 130 KB]

    ...by the dog. 11. In this case, DS was obliged to spend $779.10 on a vet’s care for her dog, including anaesthetic. This is therefore the amount payable by NS. Referee: M Wilson Date: 7 May 2018 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. If you wish to apply for a rehearing, you...