Search Results

1. [2021] NZEmpC 183 Stenhouse v Towman Towing Group Ltd [pdf, 303 KB]

   ...requiring her to work from home rather than the company’s office. (c) Did Towman prevent her from carrying out work for it by restricting access to the company’s email, stopping access to relevant accounting, invoicing and payroll systems and information and not providing her with the necessary equipment to work. (d) Revisiting issues that had been resolved in June 2018 in a disciplinary meeting in January 2019. [9] Ms Stenhouse’s claim for unjustified dismissal was unsucc...

2. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

   ...the cracked benchtop with the same sort. The new benchtop does not match the remaining benchtop. The applicants are claiming for the cost of replacing the cracked bench top and the cost of a new matching bench top. 6. It was not disputed that a former company called S produced the original benchtop and that it was 6mm to 8 mm thick with a backing board. It was a benchtop veneer as an alternative to expensive benchtops which are traditionally imported from [Country]. 7. The benchtop...

3. 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...

4. 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...

5. TD v X Inc [2023] NZDT 179 (27 April 2023) [pdf, 145 KB]

   ...requirement for them to disclose their medical history. TD said the club were making it up as they went and she doesn’t accept that the club had a right to make such a by-law. 9. TD said that as soon as she was asked for proof of vaccination she requested the guidelines that were sent to X Inc’s committee. TD said her request was ignored and the second time that she attempted to go about her business as a club member she was asked again and again her request was ignored. TD said th...

6. 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...

7. 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...

8. [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...

9. [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...

10. 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...