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1. LU v LBI [2024] NZDT 119 (2 April 2024) [pdf, 203 KB]

   ...managing [research], an area of research that LU wanted to pursue. 2. LBI wrote that she was “super keen” to have LU on board for her new venture and had been budgeting for her work in her conversations with [University 2]. LU understood that a formal relationship with [University 2] did not eventuate, however, LBI set up the [Organisation] as a sole trader and LU began working for her on 1 March 2022. 3. LU said she was engaged as a sub-contractor and not an employee. She cho...

2. EE v H Ltd [2023] NZDT 280 (10 August 2023) [pdf, 214 KB]

   ...the cost of the Tribunal filing fee as such costs are not recoverable in the Tribunal due to the provisions of section 43 of the Disputes Tribunals Act 1988. Referee: K. Edwards Date: 10 August 2023 Page 3 of 3 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 a rehe...

3. DT v KI [2023] NZDT 294 (19 July 2023) [pdf, 195 KB]

   ...house is small, that you can hear anyone coming in the gate and can see or hear anyone in the lawn area from the window. She questioned the reliability of the person alleged to have attended the property to mow the lawns that day, who is now a former employee of DT, as she alleged DT had not immediately received cash payments given by her mother to this employee at an earlier service. 5. The price of the mowing service changed from $25.00 to $35.00 during the period claimed. DT sa

4. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...might later be able to get a visa to live in New Zealand permanently if she had adequate English language skills. [2] The critical point in Mr Jiang’s instructions occurred when Immigration New Zealand responded to Ms Wang’s application and requested additional information. Prior to the end of the time allowed to supply the information Ms Wang gave it to Mr Jiang. However, Immigration New Zealand only received part of the information. The result was that Immigration New Zeal...

5. ACE v ZXZ [2012] NZDT 136 (19 December 2012) [pdf, 69 KB]

   ...for its services in contract, or alternatively, on a quantum meruit basis. The facsimile sent by ZXZ to ACE constituted a contract between the parties even without any further oral enquiry on the part of ACE as to payment. [9] Services were requested which were over and above the normal services provided by ACE as part of its DHB contract and these services were provided. In the absence of any agreement as to price, ACE is entitled to reasonable payment for its services. W...

6. QI v PH & DN [2021] NZDT 1300 (10 February 2021) [pdf, 227 KB]

   ...not succeed and therefore the claim is dismissed, notwithstanding the finding in his favour that the common area driveway is for access only. Page 4 of 5 Referee: T Baker Date: 10 February 2021 Page 5 of 5 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 a r...

7. Form 27 - Criminal legal aid - Tax invoice - schedule J [pdf, 367 KB]

   Templates V10 – July 2016 page 1 07/16 form 27 Legal aid file no. Tax Invoice Criminal Legal Aid Fixed Fees Schedule J Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Provider number Firm number Court type High Court Court of Appeal Parole Board Court location Details of clai...

8. TS v BE [2024] NZDT 667 (30 July 2024) [pdf, 113 KB]

   ...this kind of wall chosen rather than some other wall?” If the real reason the particular wall or kind of wall was chosen was to bound land, it qualifies as a fence. If the real reason it was chosen was because it was necessary or appropriate to perform another function, such as retaining land, then it is not a “fence”. 6. After an adjournment to seek legal advice, TS submitted an opinion from her solicitor that the concrete block wall is not a “fence”. I concur. As the solicito...

9. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

   ...amended statement of claim filed on 24 June 2015 pleaded three variations of an unlawful lockout cause of action. First, the plaintiffs alleged that the defendant’s refusal to engage union members for employment, other than on the defendant’s form of individual employment agreement, constituted an unlawful lockout. The second cause of action was an alternatively particularised allegation of unlawful lockout. The third cause of action was a second alternative particularisation...

10. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

    ...vicariously liable? 13. An employer will be liable for the act of an employee if there is sufficient connection between the employee’s act and his employment such that it would be fair to hold the employer liable for that act. Vicarious liability is a form of no fault or strict liability; the employer may still be liable, even where it has committed no wrongdoing albeit this will ultimately depend on the facts of each case. 14. EN had use of F Ltd’s company van for his work. I a...