Search Results

1. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...its mode of delivery or its timing. The letter was a focus of complaint by the plaintiff at hearing. I return to it later. [10] The plaintiff responded to the WDHB’s earlier letter of 5 May on 26 June 2008. The medical report that had been requested was not provided. A request was made for the WDHB’s Return to Work and Rehabilitation policy. This was provided by the WDHB by way of correspondence the same day. [11] The WDHB had sought a report from a specialist occupational...

2. [2007] NZEmpC AC 36/07 Bank of New Zealand v Trotter & Anor [pdf, 36 KB]

   ...Exhibit BV-M, which is a copy of a letter from Bergseng & Co Lawyers, dated 6 March 2007. That letter was written to the solicitors for the bank following a letter being sent to the liquidator for Alliance Strategic Property Investment Ltd requesting the documents, which are now sought in the filed application. In response Mr John Bergseng wrote advising that the liquidator was in receipt of the correspondence. There was no indication that the documents would be provided, but...

3. [2015] NZEmpC 143 JAE Sales Ltd t/a Aussie Butcher Birkenhead v Prins [pdf, 94 KB]

   ...against the sum awarded in annual holiday pay. The other awards are not in dispute but have not been paid by JAE to Mr Prins. The pleaded basis for the challenge was that the only proof Mr Prins offered at the Authority’s investigation was in the form of scraps of paper with handwritten dates on them. This is somewhat ironic having regard to the nature of JAE’s time and wages records produced at the hearing of the challenge and the fact that they did not even trouble themselv...

4. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...necessary where an application to issue interrogatories is opposed: r 8.5 High Court Rules. A material consideration is whether briefs of evidence will be given by the party to be interrogated. Moreover, an interrogatory is not to be confused with a request for further particulars. Discussion [19] The applicant objects to answering interrogatories 1(b), (e) and (f) on the basis that they do not relate to a matter in question between the parties. In response, Ms Wara submitted tha...

5. BG Ltd v EE & DE [2020] NZDT 1557 (26 August 2020) [pdf, 218 KB]

   ...initial disclosure for each loan correctly, it failed to comply with some of the requirements for subsequent disclosures. 12. Every six months from the start of each loan, BG issued a Continuing Disclosure Statement. While most of the required information was included in these statements, BG did not disclose CI0301_CIV_DCDT_Order Page 3 of 5 the annual interest rate or rates during the statement period, expressed as a percentage or percentages (CCCFA s 19(1)(h)). 13. More signifi...

6. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the general law of contract and the Contract and Commercial Law 2017. A contract is a binding agreement formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. The general position is that the buyer must be...

7. CI v LU [2023] NZDT 786 (19 December 2023) [pdf, 176 KB]

   ...into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 7. The contract between the parties was formed when the auction closed with the buyer as the highest bidder. The buyer suggested that the point of sale was 23 May on the basis that the auction contract lapsed due to being conditional on the warrant being passed. However, the conditi...

8. S Ltd v NG [2023] NZDT 669 (23 November 2023) [pdf, 166 KB]

   ...now seeks a refund of the $1,837.35 paid to her. 2. S Ltd’s claim was originally filed against NG, but N Ltd was joined as second respondent at the previous hearing since its name was used on the invoices. However, N Ltd’s representative ND informed the Tribunal and confirmed in the hearing that NG has no connection with that company and is unknown to ND. NG was the director of a company named NGD Ltd that was removed from the Companies Register in 2021. The correct respondent is the...

9. [2022] NZACC 180 — Coldrick v ACC (20 September 2022) [pdf, 176 KB]

   ...Compensation Act 2001] Introduction [1] This is an appeal from the ruling of a Reviewer dated 14 April 2022. The Reviewer issued a procedural ruling in relation to Fulton Hogan’s decision dated 10 November 2021 declining Mr’s Coldrick’s request for physiotherapy. Background [2] On 25 February 2020, Mr Coldrick twisted his right knee while standing on a boulder at work. His GP, Dr McGuire, lodged a claim for cover for a sprain of the right knee/leg. On 27 March 2020, th...

10. Greenslade v Commissioner of Police (Extension of Time) [2018] NZHRRT 11 [pdf, 74 KB]

    ...the present case the statement of reply is due to be filed on 5 April 2018. [3] By memorandum dated 28 March 2018 the Commissioner of Police has sought an extension of time for filing his statement of reply until 4 May 2018. The grounds of the request are: 1 [This decision is to be cited as: Greenslade v Commissioner of Police (Extension of Time) [2018] NZHRRT 11] 2 [3.1] Counsel will be overseas from 27 March 2018 to 25 April 201...