Search Results

1. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...failed to do so in a reasonable time, ES is entitled to pay a third party to supply and install doors and windows for her cabin and recover that cost from CP Ltd under section 32(a)(ii)(A). 13. At the second hearing, ES provided evidence in the form of a written quotation from a joinery supplier to show that the cost of supply and installation of doors and windows for the cabin will be $5554.50 (that was the lowest of three quotations presented). Was the cabin of acceptable quality...

2. SP v GC Ltd [2024] NZDT 500 (17 June 2024) [pdf, 202 KB]

   ...costs to remedy the problems with SP’s roof were $3,029.00 ($529.00 plus $2,500.00). For these reasons I order that GC Ltd is liable to pay SP $3,029.00. Referee: L Trevelyan Date: 17 June 2024 Page 4 of 4 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 reh...

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. EX v IO [2022] NZDT 10 (2 March 2022) [pdf, 203 KB]

   ...found EX owns the scooter, I do not need to consider the second question. 8. For the above reasons the claim is dismissed. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: L Thompson Date: 2 March 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...

5. 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...

6. [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...

7. ND Ltd v BX & TX [2020] NZDT 1561 (15 July 2020) [pdf, 201 KB]

   ...the failure one of a substantial character? e. If yes, is the amount claimed by BX & TX reasonable? CI0301_CIV_DCDT_Order Page 2 of 5 Are BX & TX in breach of contract by not paying invoice 00127 on time? 4. A contract is formed when two parties agree to exchange something of value. In this situation BX engaged ND LTD to complete interior painting work at the BX and TX’s home in [Street], [City]. 5. ND, the sole director of ND LTD, told the Tribunal she and...

8. 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...

9. LT v NL [2022] NZDT 13 (5 May 2022) [pdf, 200 KB]

   ...I am not satisfied statutory interest should be awarded because LT could have filed her claim in September 2017 and avoided the loss of interest. Referee: P McKinstry Date: 5 May 2022 Page 4 of 4 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 rehe...

10. CN & MN v KN & W Ltd [2024] NZDT 521 (7 August 2024) [pdf, 218 KB]

    ...that it is more likely than not). If the applicant fails to do that, then their claim must be dismissed whether it has merit or not. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and also takes into account the substantial merits and justice. I would like to reassure the parties that all information and evidence presented to the Tribunal has been consid...