Search Results

1. EI v SB & HS [2015] NZDT 1437 (28 October 2015) [pdf, 300 KB]

   ...consisting of “approximately sixty current customers who are on month to month hosting agreements.” 3. The applicant company (EI), who was represented by QU, expressed an interest in submitting a tender for the assets and sought further information from HS. In furtherance of this HS sent to EI a confidentiality agreement and the terms and conditions for the tender. 4. QU, on behalf of EI, signed the confidentiality agreement on 8 December 2014. The other party to the agreemen...

2. Youngman v Waikato District Health Board (Strike-Out Application) [2017] NZHRRT 43 [pdf, 171 KB]

   ...settled by agreement in April 2012. That agreement provided that it was made in full and final settlement of all matters between the parties arising out of any intended or actual employment relationship. [6] On 25 November 2013, Mr Youngman made a request to WDHB, pursuant to information privacy principle 6, seeking his personal files, files relating to the tenure of his employment, any material relating to the disestablishment of his position, subsequent negotiations and settlement, a...

3. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   ...teleconference Mr Brown said his claim is “clear enough” and described NZ Post’s application for particulars as “rubbish”. Mr Brown chose not to file any submissions. [18] In a decision dated 1 December 2016 the Tribunal granted NZ Post’s request for particulars and ordered Mr Brown to file by 16 December 2016 an amended statement of claim that provided sufficient particulars to enable NZ Post to be fairly informed of the case to be met. 13 13 See Brown v NZ Post L...

4. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...determination that the plaintiff must pay arrears of wages to the plaintiff. In colloquial terms, any hearing will have an “all or nothing” outcome for the parties so far as personal grievance remedies are concerned. [11] The statement of claim filed on behalf of the plaintiff is not in appropriate form, containing as it does large amounts of proposed evidence and critical analysis of the Authority’s reasoning. The plaintiff is directed to file and serve by 4pm on Monday 3...

5. L Ltd v CT [2023] NZDT 229 (15 September 2023) [pdf, 90 KB]

   ...refile this application if the applicant obtains clear evidence the respondent does in fact, operate the restaurant. Referee: Hannan DTR Date: 15 September 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...

6. TE & DJ Ltd v EX [2022] NZDT 122 (1 September 2022) [pdf, 193 KB]

   ...The Tribunal has no power to hear or determine claims for personal injury or exemplary damages. 9. Accordingly, both claims are dismissed. Referee: P McKinstry Date: 1 September 2022 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...

7. O Ltd & P Ltd v UU [2023] NZDT 474 (4 September 2023) [pdf, 174 KB]

   ...any lien over the car. There is no legal right to hold goods until the owner of the goods pays a third party. 10. Neither is there any worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. Is the buyer entitled to damages? 11. The tort of detinue applies where a person entitled to possession of the goods requests the return of goods, and the other party...

8. BW v BB [2024] NZDT 646 (20 August 2024) [pdf, 180 KB]

   ...her room. BW claims that part of the verbal agreement was that BB would not leave before duration of the fixed term tenancy. BW denies that this was a part of the agreement. 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The law of contract requires parties to a contract to adhere to the terms of that contract unless there is a legal reason not to do so....

9. BN & SC & XC v NT & MP [2021] NZDT 1670 (30 June 2021) [pdf, 236 KB]

   ...his conversation with MP. That conversation involved an exchange of valuable consideration – XC granted accommodation to NT’s client, and NT granted security for the tenant’s obligation to pay rent. 16. My finding is that a contract was formed between XC (as trustee of the Trust) and NT. 17. However, the contract that was formed was a contract of guarantee. NT agreed to “answer to another person for the debt, default, or liability of a third person” (section 27(4) Propert...

10. MD v UI [2023] NZDT 694 (21 December 2023) [pdf, 189 KB]

    ...Collections Unit of the District Court and discuss enforcement. Contact details are on the back of this order. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Hannan DTR Date: 21 December 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...