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1. DM & ND & TM v NN & F Ltd [2023] NZDT 440 (15 September 2023) [pdf, 200 KB]

   ...jointly liable to pay arrears of $14,729.22 minus a rent reduction of $1265.00 due to water ingress, being $13,464.22. The balance of the counter-claim is dismissed. Referee Perfect Date: 15 September 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

2. X Ltd v D Ltd and others [2025] NZDT 212 (22 April 2025) [pdf, 188 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

3. 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...

4. 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...

5. 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...

6. [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...

7. [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...

8. 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...

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. 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...