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  1. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

    ...adopting Sumption LJ, quoting Lazarus Estates Ltd v Beasley [1956] 1 QB 702 at 712 per Denning LJ. 11 At [100]. 12 Gilford Motor Co Ltd v Horne [1933] All ER 109, [1933] Ch 935 at 114,956. I am quite satisfied that this company was formed as a device, a stratagem, in order to mask the effective carrying on of a business of Mr. E. B. Horne. The purpose of it was to try to enable him, under what is a cloak or a sham, to engage in business which, on consideration of the a...

  2. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

    ...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...

  3. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

    ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

  4. Waitangi Tribunal - Te Urewera [pdf, 3.8 MB]

    ...All Woods and Water, W Pond © Copyright Waitangi Tribunal 1999 iii FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: årst release. It is published now so that claimants and other interested parties may be aware of its contents and, should they so wish, comment on them and add further information and insights. The pub...

  5. RN v Accident Compensation Corporation (Cover and Entitlements) [2025] NZACC 140 (1 September 2025) [pdf, 378 KB]

    ...Registry seeking an extension of time for compliance with the Order. The extension was subsequently opposed by the Corporation. (b) On 8 July 2024 at 11:03am, the appellant personally emailed the Registry, but did not notify the Corporation, requesting a copy of the review transcripts. (c) On 8 July 2024 at 12:30pm, the appellant personally emailed the Registry (copying in her then advocate and counsel for the Corporation) repeating her request for an extension of time. The ap...

  6. [2006] NZEmpC CC 2A/06 Rawlings v Sanco NZ Ltd [pdf, 32 KB]

    ...to redundancy compensation from that company calculated by reference to his service with both Gabbett and Sanco. [4] Mr Rawlings brought separate personal grievance proceedings in the Employment Relations Authority against both companies. His claim against Sanco alleged that he had been unjustifiably disadvantaged in his employment with Sanco by having been given certain assurances by that employer as to his entitlement to redundancy compensation. [5] Mr Wall tells me that the...

  7. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [pdf, 91 KB]

    ...SECOND APPLICANT AND ZZI RESPONDENT Date of Order: 21 July 2010 Referee: Referee Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Applicants’ claim be dismissed. Facts [1] On 16 November 2009, AAR entered into an Agreement for Sale and Purchase to buy a property in [a town] for $120,000.00 from ZZI Ltd (as represented by JR in these proceedings). AAR signed the Agreement a...

  8. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

    ...AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Mr MJ Jones in person The intended defendant was not heard DATE OF DECISION: 14 April 2021 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 BACKGROUND [1] On Friday 12 March 2021 Mr Jones presented for filing in the office of the Tribunal a statement of claim under the Privacy Act 2020, s 98. [2] At Step 3, p 5 of the document he ticked th...

  9. Calculator FAQ

    ...and taking an average of these six rates. The average is the base rate. Adding the premium of 0.15% to the base rate. The result becomes the per annum simple interest rate. Converting the per annum simple interest rate into a daily effective rate. The formula for this conversion is as follows: Daily effective rate = ((1+"per annum simple interest rate as %"/100)^(1/”Days in the year”)-1) x 100 The result is the interest rate expressed as a daily effective rate for the specific day. How is...

  10. Tweeddale v Pearson [pdf, 405 KB]

    ...house. The cracks are more numerous on the north-east and north-west sides of the house – the sides receiving the most sunshine. Some cracks propagate from window (and other) corners, but not all such corners have cracks. They appear to have formed over a period of time, and we suspect that they are continuing to 7 propagate. The spacing of the cracks varies, but in a number of areas appear to conform with stud and dwang lines. No control joints were incorporated in the pla...