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1. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...then reinforce the position of buyer beware in private sales, except in limited circumstances. 10. However, there is relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages as if the representation were a term of the contract that has been...

2. Sansom v Department of Internal Affairs [2016] NZHRRT 17 [pdf, 100 KB]

   ...that both within and outside the workplace she was the victim of sexual harassment. These grievances did not, however, motivate Ms Sansom to bring a personal grievance claim under the Employment Relations Act 2000. [7] But she has made a number of requests under the Privacy Act 1993 for access to personal information held by the Department. [8] In these proceedings Ms Sansom complains that in responding to a particular request made by her on 21 March 2013 for information spanning the...

3. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

   ...the cost of the parts that KT purchased, for the failure to provide the full lockset. KT is to return the lockset to D Ltd on receipt of the refund. Referee: Arti Chand Date: 23 November 2023 Page 3 of 3 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...

4. XX v KN [2023] NZDT 45 (3 February 2023).pdf [pdf, 177 KB]

   ...would provide a quote before he undertook the work? (b) If not, Is XX entitled to payment of his invoice? Was it agreed that XX would provide a quote before he undertook the work? 3. KN said he always asks for a quote before work is performed on his behalf. He provided several quotes he had obtained as evidence in support of his usual practise. The parties agree that this was the first time that KN had engaged XX’s services. KN left the aluminium material and a cutting tool...

5. B Ltd v KY [2024] NZDT 781 (22 October 2024) [pdf, 91 KB]

   ...overall credit of $79.90, although KY chose not to counterclaim this sum. In conclusion KY is not liable to pay B Ltd’s invoice for the extra labour. Referee: E Paton-Simpson Date: 22 October 2024 Page 3 of 3 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 re...

6. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...the car was originally inspected. There was also no advice given at the time the extra damage was discovered to obtain consent to doing further work. Consequently, it cannot be said that the additional work can be charged as an extra. It simply formed part of the work for which the estimate was given. 16. The second category of additional costs arose from extra labour in having to re-do filler, etching and priming from the car remaining in storage for so long whilst the job was bein...

7. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

   ...capable of constituting unsatisfactory conduct in terms of the Real Estate Agents Act 2008. [4] The Committee found that the licensee made misrepresentations in relation to an eastern boundary and failed to provide the complainants with proper information about an accessway. More specifically, the Committee found the following aspects of the licensee’s behaviour contributed towards its finding of unsatisfactory conduct: [a] The licensee’s response to the complainants’ specific...

8. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...ratified, Mr Farmer wrote to Tasman Cargo about the pay rise he anticipated receiving because of the CEO’s email. He asked the company to reconsider its position but got no response. [14] Mr Farmer considers he is owed arrears of pay. He claimed that the absence of the pay rise flows into the value of bonuses he was entitled to receive for each of the years 2020, 2021 and 2022. In a schedule provided as part of his evidence he calculated the amount considered payable. [15...

9. Arndt v Accident Compensation Corporation (Appeal) [2022] NZACC 244 [pdf, 221 KB]

   ...Hearing: 1 December 2022 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: H Armstrong for the Appellant S Bisley for the Accident Compensation Corporation Judgment: 9 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30 and Schedule 2, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 22 March 2019. The Reviewer dismissed an application for re...

10. CP Ltd v XL Ltd 2016 NZDT 906 (16 March 2016) [pdf, 123 KB]

    ...For example, CP says there was the same number of plates provided at settlement as stated on the chattels list, but staff on their first day told CP they were not the quality plates usually used in the restaurant. This has not been specifically claimed for, but I accept that it demonstrates the constraints on CP to carry out due diligence in some instances and the requirement for good faith in the performance of this, and any, contract. [18] For the above reasons, and in particular b...