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1. QL v OQ [2021] NZDT 1664 (22 June 2021) [pdf, 116 KB]

   ...termination? b. Did OQ unlawfully terminate the agreement? c. If so, is QL entitled to $3,574.50 as claimed, or any other sum? What terms were agreed regarding termination? 5. The relevant law is contract law. 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 terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

2. BK & DU Ltd & WL v UX Ltd [2021] NZDT 1663 (8 July 2021) [pdf, 220 KB]

   ...it about bright-line tax prior to the purchase taking place and because he didn’t the trust had to pay tax it was not expecting to pay. Mr X does not accept any liability for the claim based on the terms of engagement and client care service information addressed to the trust dated 25 October 2017 (“terms of engagement”). 2. The trust is claiming $29,996.40 made up as follows: (a) Amount of reassessed bright-line tax payable to the IRD: $19,383.00 (b) Legal fees – [red...

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. 2020 archive

   ...cases will be heard at the Levin District Court. Providers should claim travel expenses in accordance with the Grants Handbook (link). Legal aid applications and assignment of casesPlease continue to specify Levin District Court on relevant application forms.Providers on the assignment lists for Levin District Court will continue to be assigned on a rotational basis, as per current practice.Thank you for your co-operation and patience while this work was undertaken. Invoicing for Parole Proceed...

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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. 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. 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...

10. 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...