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1. S Ltd v CN [2024] NZDT 900 (13 February 2024) [pdf, 319 KB]

   ...It also became apparent that certain engineering attendances to the mechanics were required. 15. It was then decided that due to the extensive work required, the applicant would carry out the work. Hence a more comprehensive contract was then formed between the parties. What happened then? 16. The applicant could not commence work immediately so the respondent in early June 2021 cut out a section of the rotten hull to enable the work required to be better assessed. 17. At...

2. Brunton v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 217 [pdf, 212 KB]

   ...gastroenterology department at Tauranga Hospital. Notes from his consultation with her were recorded in the referral. [3] Due to COVID-19 restrictions in early 2020, Ms Brunton did not have her appointment at the hospital until 1 July 2020. There is an informed consent form taken from the Bay of Plenty District Health Board file. It is headed “Consent to the Surgery/Procedure/Treatment”. It is signed by Ms Brunton for the gastroscopy procedure and records that she had been ab...

3. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

   ...regarding the Truck and the engines took place over some years, as detailed below. Did I Ltd (or its nominee) have a contract with S Ltd, and if so, what was agreed about transportation? 6. Under 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 at...

4. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees [2024] NZHRRT 4 [pdf, 219 KB]

   ...several 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School Board of Trustees [2024] NZHRRT 4. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 4 I TE TARAIPIUNARA MANA TANGATA 2 information privacy requests to the Helensville Primary School Board of Trustees (the Board) following a complaint they had made to the Board. [2] The Board refused the information privacy requests and the requested information was not provided until approximate...

5. LCRO 167/2023 UG v XY and EP (17 July 2025) [pdf, 255 KB]

   ...advice provided. He included his first invoice for fees and disbursements, a total of $5,487.95.8 [21] At that stage, Ms UG consulted with the Public Trust, who then sent an authority to uplift Ms UG’s files to [law firm]. XY contacted Ms UG9 requesting that she pay the outstanding invoice to enable matters to be finalised. [22] Ms UG lodged a complaint with the Lawyers Complaints Service on 27 February 2023. Ms UG’s complaints [23] The essence of Ms UG’s complaint is th...

6. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has sought leave to amend its pleadings as to the quantum of damages it is seeking against the defendants. The amendment consists of deleting two paragraphs of the combined statement of claim and further particulars which set out the calculation of damages for the period 1 April 2004 until 31 December 2004, totalling $1,796,000, and sought, in paragraph 25, a sum of not less than $1 million from the first de...

7. Regulatory Impact Statement improvements to district court rules [pdf, 66 KB]

   ...Analysis: Regulatory Impact Statement – Improvements to District Courts Rules Executive summary 1. The District Courts Rules 2009 (the Rules) prescribe pre-court procedural steps that require parties in civil cases to exchange lengthy court forms before their case comes before a judge. These requirements are time-consuming and can make limited contribution to resolving a case. 2. This RIS reviews three options for addressing these problems: A. retaining the status quo; B. ado...

8. NQ & OR v CN [2023] NZDT 436 (11 September 2023) [pdf, 250 KB]

   ...The sale was to be completed and possession to be provided on 9 June 2023 2. In accordance with the terms of the agreement for sale and purchase, CN carried out a pre-sale inspection of the property on 7 June 2023. Following this inspection, CN formed concerns as to whether the property would be able to be vacated and cleaned before settlement. 3. He raised this concern via his solicitor on the morning of settlement and the parties reached an agreement that the house would be empti...

9. Linney v Hart [pdf, 89 KB]

   ...Respondent AND No Second Respondent Malcolm MacMillan having been struck out AND No Third Respondent Andrew Lusty having been struck out AND No Fourth Respondent the (Attorney General) DEPARTMENT OF BUILDING & HOUSING ( formerly BUILDING INDUSTRY AUTHORITY) having been struck out Hearing: 24 January 2006 Appearances: Edward Linney, the Claimant in person No appearance by or on behalf of the First Respondent Dougal McLellan, Assessor appoint...

10. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

    ...of the guarantee of acceptable quality in the Consumer Guarantees Act? b. If yes, is IO Ltd liable for damages, and if so how much, for the following: i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of emotional harm. c. If yes, is TF Ltd liable for damages, and if so how much, for the following: CI0301_CIV_DCDT_Order Page 2 of 5 i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of...