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1. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...applicant sought a futiher adjournment on the grounds that a case stated for the opinion of the High Comi per section 72 of the Act was being contemplated. A telephone conference was held on 15 June 2005 where counsel for the applicant restated the request for an adjournment without disclosing the basis for the section 72 application to the High Couti. Then on 17 June a final conference was held by telephone where counsel for the applicant formally withdrew the application. Submissi...

2. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...REPRESENTATION: Mr M Ward, agent for plaintiff Ms S Bell for first defendant Ms K Elkin for second defendant Dame Beverley Wakem DNZM, CBE for third defendant DATE OF DECISION: 4 February 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v...

3. LT Ltd v IU [2024] NZDT 531 (24 July 2024) [pdf, 227 KB]

   ...dismissed. Reasons: 1. In 2020, 2021, and 2022, LT Ltd says it was contracted by TC to supply staff Christmas hampers at [City 1], [Suburb], and [City 2] hospitals. Terms of these arrangements were agreed over a series of emails, rather than a formal, signed contract. While the contract had a commercial basis LT Ltd also viewed hamper project work as part of its community outreach, in support of healthcare workers throughout the impact of the Covid-19 pandemic. 2. In Jun...

4. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

   ...denies telling Mr N that there is no need for him to get his own asbestos report or that he had the report and would give Mr N a copy. He said that he did not get a copy of the report until 12 September, when QT Ltd forwarded to him (on Mr O’s request) the copy that NQ had emailed to QT Ltd at 12.42pm on 11 September 2017. He denied knowing that it was limited test and report and not sufficient for demolition purposes. 17. I prefer Mr O’s evidence in this regard over the eviden...

5. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...complaint to be progressed further. It is the Commission's role to seek to mediate fair and effective resolution of complaints at the earliest opportunity. Its dispute resolution process is focused on mediation: it has no investigation or opinion-forming role in considering complaints of unlawful discrimination. The process is flexible and confidential to the parties involved. Should resolution not be achieved, or at any time during the mediation process, a party to the complaint co...

6. Baker TRI-2023-100-006 Procedural Order 4 [pdf, 185 KB]

   ...it. [15] The second respondent’s report contained various contractual exclusions. [16] The scope of the report is set out in the heading “Scope” contained in the report itself. That description notes that the inspection type is as requested by the client. The front page of the report records the inspection type as: “Pre-Purchase Infrared Moisture Inspection” [17] The report does set out its findings of moisture detection work taken in the interior of the proper...

7. Sax v Commissioner of Police (Strike-Out – Privacy) [2022] NZHRRT 34 [pdf, 247 KB]

   ...force at the time the actions subject to this claim were taken. BACKGROUND Filing of claim and response [8] The alleged privacy breaches largely relate to actions by Police in 2011 and the earlier part of 2012. Ms Sax complains that personal information held by Police was inaccurate and that the failure of Police to correct that information and to publish it breached Information Privacy Principles (IPPs) 2 to 11. [9] The Office of the Privacy Commissioner (OPC) investigated a s...

8. Starting a proceeding in the District Court

   ...documents to apply for a variation or discharge of a Restraining Order: Application to vary/discharge a Restraining Order Affidavit Notice of proceeding If you want your address to be kept private, you should also file a notice of residential address and request for confidentiality Fees There are no fees for applying for a Restraining Order. Also see: Requirements for filing documents Where to file documents Serving documents Back to top Interlocutory application – applying for directions o...

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9. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...extend the time to file a reply? 1 Stormont v Peddle Thorp Aitken Ltd [2016] NZERA Auckland 28. Analysis [5] Section 237 of the Act provides that regulations may be made prescribing forms for the purposes of the Act and prescribing the procedure in relation to the conduct of matters before the Court. 2 Regulation 6 of the Regulations requires that the Court must dispose of any matter coming before it “as nearly as ma...

10. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

    ...contractual obligation to repay Q any legal fees? b. If not, has Mr L obtained a payment of legal fees for which it would be unjust to retain? Did Mr L have a contractual obligation to repay Q any legal fees? 3. Parties to a contract need to perform their respective obligations. If they do not they will be in breach of the contract and required to compensate the innocent party for foreseeable losses caused. 4. Q has explained that it was an implied term of the contract with Mr L...