Search Results

1. WL v SE [2024] NZDT 160 (8 April 2024) [pdf, 207 KB]

   ...Family Violence Act, and includes threats of physical abuse, intimidation or harassment, damage to property, and financial or economic abuse. The definition of psychological abuse is wide and inclusive. It can be a single act or a number of acts that form a pattern of behaviour, even if the acts, viewed in isolation appear minor or trivial. The test for psychological abuse in relation to the granting of a protection order under the Family Violence Act is not an objective one, the Court mus...

2. 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...

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. 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...

5. [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...

6. 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...

7. 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...

8. [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...

9. 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...

10. BS v TT [2019] NZDT 1485 (5 December 2019) [pdf, 171 KB]

    ...situation, the person who was ultimately liable must reimburse the person who was compelled to pay. 6. BS said that [Telecommunications provider] has been compelling her to make payments on her account for the phone, although she did not bring information to the hearing that would enable me to determine how much has been paid to date and how much is still owing. However, TT has received the benefit of the phone itself together with the insurance, and I find that it would be unconscionabl...