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. [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...

3. [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...

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. BE v YV [2014] NZDT 558 (22 May 2014) [pdf, 65 KB]

   ...trusting YV as a friend. [6] However, I am not persuaded on the evidence that the loans were made to YV or that YV was personally liable under the loan agreement. The moneys were paid directly into ABC’s bank account and to ABC’s suppliers. In requesting that the loans be made, YV appears to have been acting on behalf of ABC in his role as director. [7] I accept that BE was at least in part motivated by his friendship with YV when he made the loans. As an employee of ABC, BE ma...

6. Guidelines for Settlement Conferences [pdf, 216 KB]

   ...a proposed settlement offer. Preparing for a settlement conference It is useful to prepare a short position paper which sets out the issues in dispute and how you think the issues can be resolved. An example is available from the case manager on request. Any evidence you want to rely on in the settlement conference should be shared with the other party(s) well before the conference. Being transparent is an important part of negotiating. If you are seeking a cash settlement it is importa...

7. 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.

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...