Search Results

1. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...booked with [website] rather than directly through Q Ltd. I am satisfied that TD and LD are entitled to bring a claim against Q Ltd rather than [website]. This is because [website] is Q Ltd’s booking agent and, under the law of agency, a contract formed between Q Ltd and TD and LD when they made the booking through [website]. Was the booking contract frustrated? 6. If the contract between the parties does not contain a provision about what happens if performance is prevented (c...

2. SC & TO Partnership v QS & TS & JT Ltd [2022] NZDT 84 (24 May 2022) [pdf, 256 KB]

   ...from the property and replacing some chattels with alternatives? 8. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 9. This contract was in the form of the Auckland District Law Societies agreement for sale and purchase tenth edition 2019(2). It included an additional clause under the further terms of sale. Clause 21 states: The property is sold substantially furnished as describe...

3. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

   ...bankrupt on the application of the defendant on 19 November 2012. Whilst his personal grievance was before the Court, on 6 May 2013 the Official Assignee filed a “Notice of discontinuance” which stated materially: “To the extent that the claim vests in the Official Assignee in bankruptcy of the property of Roderick John Young, the Official Assignee discontinues the claim.” [3] Although it is not determinative of the case, the legislation does not provide for the filing o...

4. DT form 4 - acknowledge applicants insurer [pdf, 743 KB]

   For more information visit www.justice.govt.nz/tribunals Disputes Tribunal Z Z Z Page 1 For more information visit www.justice.govt.nz/tribunals DT 07/11 - 4 What is this form for? Use this form if you (the applicant) have been, are entitled to be, or have sought to be, indemnified (that is, compensated) by your insurer for any loss caused by or arising out of the act, omission, or event on which your Disputes Tribunal claim is based, and your insurer wishes to waive notice of procee...

5. Adoption Action Inc v Attorney-General (Non-Party Access to File) [2013] NZHRRT 4 [pdf, 53 KB]

   ...statement of reply have been filed. 2 The application for non-party access to the statement of claim and statement of reply [3] By letter dated 18 January 2013 Ms J Ryan, Senior Solicitor at the Office of Human Rights Proceedings, submitted a request to the Secretary for non-party access to the statement of claim and statement of reply. The letter explained that the Director of Human Rights Proceedings (the Director) has received an application for legal representation in rela...

6. KD v M Ltd [2024] NZDT 363 (11 June 2024) [pdf, 196 KB]

   ...conducts a business selling both new and pre-loved bridal dresses through “popup” events. Prospective buyers register for the events booking one hour fitting appointments paying $65 for an hour. They are required to fill in on line a Preparation Form providing personal details and acknowledging they must “choose your dress carefully as we do not issue refunds or exchanges if you have changed your mind/gained or lost weight.” 2. KD purchased a dress at a popup event held in [Ci...

7. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...the defendant as to the plaintiff’s ability to work are of some substance because the plaintiff has not taken the opportunity extended to him of refuting them. [23] However because of the indication of the lack of income disclosed by the tax forms I am prepared to reduce the amount of the award sought by the defendant in order to provide some realistic response to the plaintiff’s claims of impecuniosity. I therefore order the plaintiff to pay $4,000 as a contribution towards the...

8. McQuade v Young & Ors as Trustees for the Maureen Young Family Trust [pdf, 136 KB]

   ...1.7 Between the time of the preliminary teleconference and the hearing further teleconferences were held and I was required to issue twenty-two Procedural Orders to give directions under s 36 of the WHRS Act and to rule on applications and requests by the parties and to assist in preparations for the hearing 1.8 During the course of the process respondents joined to the adjudication pursuant to s33 of the WHRS Act were Bulleyment-Fortune Architects Limited, Boyd Aluminium L...

9. BQ BQB v YJ Ltd [2015] NZDT 799 (1 June 2015) [pdf, 161 KB]

   ...that YJ Limited was given notice of the assignment and did not protest the same nor raise any issues as to the extent of what it would or would not recognise as being assigned by any deed. I have not been persuaded YJ Limited’s ‘silence’ can form the basis of an actionable misrepresentation or that YJ Limited had an active obligation to disabuse parties of any erroneous beliefs they may have formed as to the availability of entitlements under the policy. If it w...

10. Te Manutukutuku Issue 9 [pdf, 2.7 MB]

    ...Trust and leased to Government Property Services (GPS). The claimants were concerned that sub-leases were being made by Government Property Services at rents well above that being paid the Maori owners. The Tribunal accepted the claimants' request that urgency be given and a hearing was held at Te Tatou 0 to Po marae, Petone, in late March, 1991. The Tribunal consisted of Mr Bill Wilson, the presiding officer, Bishop Manuhuia Bennett, Mrs Georgina Te Heuheu and Professor Gordon...