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1. H Ltd v G Ltd [2023] NZDT 265 (11 May 2023) [pdf, 110 KB]

   ...District Court [2023] NZDT 265 APPLICANT H Ltd RESPONDENT G Ltd The Tribunal orders: G Ltd is to pay the sum of $26,297.50 to H Ltd on or before Tuesday 30 May 2023. Reasons: 1. In 2020 and early 2021, H Ltd performed earthworks on two construction sites in Auckland ([Site 1] and [Site 2]) as a subcontractor for G Ltd. H Ltd invoiced a total of $246,094.00 for those works, and G Ltd also incurred iron plate rental charges to 22 February 2022 totalling...

2. [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...

3. 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...

4. 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...

5. 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...

6. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

   ...cited as: Toia v Corrections (Jurisdiction) [2018] NZHRRT 46]. 2 INDEX INTRODUCTION [1] The claim [1] Standing and jurisdiction [3] Delay [13] THE BACKGROUND [16] The High Court proceedings in CIV-2011-404-7914 [17] Mr Toia’s request for the email read in court on 18 July 2013 [22] Mr Toia’s IPP 6 complaint to the Privacy Commissioner [25] Conclusions regarding Mr Toia’s IPP 6 complaint to the Privacy Commissioner [32] Mr Toia and the IPP 7 request for correct...

7. [2021] NZEmpC 51 McKeich v DDUP NZ Ltd [pdf, 252 KB]

   ...the Authority “... pierce the corporate veil and have the second respondent named as the true employer for the purposes of compliance...” with the two previous determinations. [7] A subsequent application, brought by Ms McKeich and Mr Hanson, requested the Authority to remove the application to the Employment Court, on the grounds that an important point of law was raised. [8] In a determination dealing with the application for removal, the Authority stated it was satisfied b...

8. 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...

9. [2014] NZEmpC 98 Narayan v Telecom NZ Ltd [pdf, 129 KB]

   ...settled and proceeded as an employment relationship problem before the Employment Relations Authority (the Authority). An investigation meeting was held on 9 January 2013. A determination of the Authority was issued on 1 May 2013. Mr Narayan’s claims were dismissed. 1 Costs were reserved and in a subsequent determination dated 24 September 2013, the Authority ordered Mr Narayan to make a contribution towards Telecom’s costs amounting to $4,000. 2 [3] Mr Narayan has file...

10. Blyde v Eastside Medical Centre (Strike-Out Application) [2020] NZHRRT 12 [pdf, 96 KB]

    ...CLAIM 1 [1] Paul Blyde has a long-term work-related injury. In 2017, Mr Blyde was a patient of Eastside Medical Centre (Eastside), when he became concerned about communications between Eastside and ACC. Mr Blyde made an information privacy request for his medical file, but he was not satisfied with the information provided. Mr Blyde subsequently complained to the Privacy Commissioner and then filed this claim. 1 [This decisio...