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1. SC v N Ltd [2023] NZDT 467 (23 August 2023) [pdf, 121 KB]

   ...Ltd [City 1]). 2. In August 2015, N Ltd [City 2] (Mr D) entered into a sole agency agreement with Q Ltd for the sale of a commercial building at [Address]. N Ltd [City 1] (SC) worked with Mr D as the local agent. 3. SC prepared a detailed information pack for potential purchasers. 4. In September 2015, XZ phoned SC to enquire about the building. 5. SC and XZ had previous dealings together. SC had been a commercial real estate broker in [City 1] for 30 years. XZ is a well-know...

2. QT & WT v K Ltd [2024] NZT 895 (4 December 2024) [pdf, 181 KB]

   ...control of the Respondent. 21. The Applicants note that some delays were attributed to incorrect or delayed ordering done by the Respondent. CI0301_CIV_DCDT_Order Page 4 of 6 22. Pursuant to section 28 of the Act, any services will be performed with reasonable skill and care. However, this does not mean that a supplier is not able to make errors or mistakes. 23. I find that while the Respondent did make a couple of errors regarding ordering, these are expected in the...

3. UN v BK [2024] NZDT 650 (16 August 2024) [pdf, 146 KB]

   ...connections. The Tribunal has no jurisdiction to make orders regarding that unacceptable conduct. That is a matter for the NZ Police. Referee: B M Smallbone Date: Friday, 16 August 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...

4. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...Tōpu Trust seeks an order for the alienation of the Waiokura Te Kauae lands from the Parininihi ki Waitotara Incorporation (“PKW”) to the Trust for the benefit of Ngāti Tu hapū, and for the upkeep of Waiokura Marae. In short Mr Manuirirangi requests that the Court order PKW to transfer title of the lands to the Trust by way of gift or alternatively for some nominal amount that may involve an exchange of shares. [2] PKW opposes the application and says that it has wider respo...

5. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...agrees to assume all the risk, for any condition or problems that may be concealed at the time of the inspection. CI0301_CIV_DCDT_Order Page 3 of 6 Nothing will be dismantled during the inspection, and there will be no destructive testing performed. Appliances and spa/pool equipment special cycles or features are not inspected; none of the appliances or equipment will be dismantled, and no determination of their efficiency will be made. The client understands that the house...

6. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...Accident Compensation Act 2001. [3] The respondent’s position is that there is insufficient evidence of a causal link between the appellant’s Parkinson’s Disease and a workplace exposure. Background [4] On 30 June 2021, an ACC injury claim form was filed for poisoning due to a chemical substance. The description of injury was: Worked for the Post Office from 1979 to 1986, was regularly exposed to trichloroethane and is concerned that his Parkinson’s Disease was ca...

7. D Ltd v C (NZ) Ltd [2024] NZDT 116 (17 April 2024) [pdf, 175 KB]

   ...so, what remedy is appropriate? e. Was there any false or misleading conduct in trade by the respondent? f. If so, what remedy is appropriate? Who was the contract between? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can Page 2 of 3 only be enforced against the parties to the contract, so it is important to determine whether D...

8. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...August he worked as usual 3 days a week. On 19 and 20 August he took sick leave and on 26 August filled out another accident report as he was suffering the same injury as before but to both sides of his chest and arms. He stated on his injury form that it was because of “again not replacing night cutter – put extra work on day shift.” He also applied for coverage from ACC. [23] On 28 August 2003 ACC acknowledged that his claim was work-related and began an investigation...

9. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...position description to INZ to support a variation to the conditions of his work visa. That application was declined. INZ raised concerns about the position not having been advertised. Mr Vermuelen told Mr Flyger about this turn of events and requested that the role be advertised. Mr Flyer declined to do so. His evidence was that he refused to advertise the role because he did not want the hassle associated with that step. [23] I do not accept that the way in which the company ha...

10. [2006] NZEmpC AC 53/06 Graham v Crestline Pty Ltd [pdf, 86 KB]

    ...causing hardship and distress to her father. Later that afternoon Mr Ian Graham telephoned Mr Donald Graham asking for the name and contact details of Crestline’s director, Mr Reynolds. Mr Ian Graham did not disclose the true reason for his request. When Mr Donald Graham asked him, his son told him that he was proposing to type up notes about a number of matters relating to his father. Again unknown to Mr Donald Graham, Mr Ian Graham tracked down Mr Reynolds’ contact details...