Search Results

1. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...care and skill. QD’s submission was based on media reports of an interim report of the Transport Accident Investigation Commission. L Ltd says it does not accept some of the statements in the report and that that there is new (undisclosed) information that is likely to affect some of TAIC’s preliminary findings. While the evidence, such as it is, points to failings on L Ltd’s part, it is not necessary to make any findings on the issue. 21. Of more significance is whether th...

2. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   ...there were significant contradictions between the evidence given to the hearings by Karen Schneller, and her written statement made to Ranworth after its receipt of Alison Schneller’s personal grievance. The Authority concluded that it was the former (sworn evidence) that was unreliable and that the latter (a statement made for the purposes of later litigation) was accurate. [5] Although I accept, as did the Authority, that Karen Schneller was an unreliable witness, I have not...

3. ED v CC [2022] NZDT 228 (25 November 2022) [pdf, 206 KB]

   ...TRIBUNAL District Court [2022] NZDT 228 APPLICANT ED RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons: 1. CC emailed ED regarding the purchase of quail eggs and quails. 2. ED replied sending some information and proposing some dates to send a breeding group of quails, eggs and feed. 3. CC responded saying that she would love to proceed and asking if she could get the birds a little later. She also asked ED for his recommendation abo...

4. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...Wi, Thomas Tuwhangai, Moera Hughes, Mary Crown and Morgan Rata.3 Procedural history [6] Ms Taniora filed the application for enforcement of obligations of the trust on 20 June 2017, on behalf of the Taniora Maru Whānau Trust. The applicant requested the hearing be held in Hamilton as she resides there, which was opposed by the trustees. I issued directions on 29 August 2017 allowing for the case to be heard in Hamilton for the purpose of taking the applicant’s evidence, and f...

5. Matchitt v Whangara B20 Incorporation - Whangara B20 (2006) 168 Gisborne MB 126 (168 GIS 126) [pdf, 486 KB]

   ...Finally, the evidence for the committee was that the house was uninhabitable, derelict and unsafe for occupancy so they moved to stop habitation on 18 March 2005. It was Dr Te Momo's evidence that the state of the homestead was the ground for requesting that the Matchitts vacate the property on 23 March 2005. The Court noted the committee did not have before it a professional repOlt when they concluded that the house was uninhabitable. A further letter to vacate was issued on 6 May 2...

6. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...a decision has been made can there be a right of review and if no right of review exists then s133(5) has no application. ... The substance [of the communication in question] has to be analysed.” … [47] … merely administrative issues and requests, do not amount to a ‘decision’ within the meaning of s.6 of the legislation. Whether a ‘decision’ has been made needs to be determined in the factual context and circumstances. [25] In Scoullar,4 Beattie DCJ stated: [16] I...

7. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...transfer to “our trust account” of the funds Firm A held in trust. Firm A requested from Ms ND “… your firm’s undertaking that you will retain the sale proceeds … undisbursed, until resolving of division of relationship property between [the former husband] and [the respondent]”. [13] The exchange is puzzling. Barristers do not operate trust accounts. Ms ND may not have understood this. [14] Ms ND engaged with Firm A regarding the form of undertaking required. On...

8. TT v BB Ltd [2022] NZDT 152 (13 September 2022) [pdf, 183 KB]

   ...Accordingly, the claim for declaration of nonliability for fees claimed by the respondent, including [accounting software] fees, is granted. Referee: P McKinstry Date: 13 September 2022 Page 2 of 2 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...

9. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

   ...basis for such an award given that there has been no breach of the contract by KQ and OS in this case. 40. For these reasons the counterclaim is dismissed. Referee: L Trevelyan Date: 25 March 2024 Page 6 of 6 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...

10. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

    ...because of the leaking that resulted from the faulty drainage system that had previously been installed. [22] Thus, NC must pay BB $28,874.06. Referee: C Hawes Date: 16 April 2024 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 rehe...