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1. BU and others v KC [2021] NZDT 1712 (13 December 2021) [pdf, 152 KB]

   ...1. The claim is dismissed. 2. BU, SU, KM, OW and WW are to pay $1,782.50 to KC on or before Monday 10 January 2022. Reasons: 1. The parties all own houses that have cross-leased titles on the same parcel of land. In 2020, KC desired to perform some substantial renovations to her house which included a new patio area and alteration to her roof. The memorandum of lease provided that she needed to obtain the consent of the other cross-lease owners. That consent was provided on the co...

2. [2011] NZEmpC 115 Muldoon v Nelson Marlborough DHB supplementary [pdf, 68 KB]

   ...live applications before the Court, it, as in the case of other courts, is empowered to recall its judgments to correct slips or omissions. Failure to deal with an issue raised in the proceeding or, more particularly as in this case, to grant a form of relief claimed, is a classic example of the appropriate exercise of such a power. If the Court has overlooked doing something it ought to have addressed, then it is only just that there should be a procedure to enable that to be consi...

3. KC Ltd v OK [2019] NZDT 1378 (17 July 2019) [pdf, 268 KB]

   ...contains written terms relating to insurance, damage and exclusions to cover. There is no separate contract of insurance and no separate written terms - they are all contained within the "Agreement to Hire a Rental Vehicle" document, which forms the contract between KC and Mr K. 11. Clause 10, under the heading "Insurance" states: "Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in resp...

4. T Ltd v C Ltd [2023] NZDT 672 (15 November 2023) [pdf, 105 KB]

   ...agreement? f. If yes, is the applicant also able to claim interest and legal costs? What was the agreement between the parties? 3. The relevant law is the law of contract and misrepresentation. 4. In this case the contract was in the form of the standard 6th edition of the ADLS lease agreement dated 4 April 2017. Rent renewals were done by way of Deed of Renewal of Lease and Rent Review in 2019 and 2021. Was a misrepresentation made under the agreement? 5. The eviden...

5. Body Corporate 310620 113 Glenmore Street [2011] NZWHT Auckland 62 [pdf, 92 KB]

   ...applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). It submits that the complex was not built until at least 7 August 2001 being the date the owners requested the Code Compliance Certificate. The Issues [3] The key issues to be determined in this review are: What is meant by “built”? Was the complex built within the ten years before the date on which the claim was fi...

6. DQ & FD v BS [2021] NZDT 1655 (2 November 2021) [pdf, 209 KB]

   ...in the section but none of them apply to the filing fee in this case. I am therefore unable to order that the Applicants pay the Respondents’ costs. Referee: M Wilson Date: 2 November 2021 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 a reh

7. [2019] NZEmpC 22 Zhang v Telco Asset Management Ltd [pdf, 319 KB]

   ...it may be possible to meet him during the following week. [20] By 19 October 2018, Mr Zhang concluded he may not be able to file a challenge within 28 days. Accordingly, he sent two emails to the Court attaching what he described as “Draft Form 2A”, which appears to have been an application for leave to extend time. [21] There was a response to each email by two members of the Registry. The first response explained that if the time for filing a challenge had expired, an...

8. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...opposition illustrates that the Trust Board is not conducting itself properly and is thus not the appropriate representative body. [11] The applicant asks that a s 30 order be made in favour of a new Trust that is established under Ngāti Wai. She also requested that she be able to present her evidence in person, noting the difficulties of understanding complex whakapapa evidence on paper. 3 Chief Judge’s MB 764 (2016 CJ MB 7...

9. DL v ET [2023] NZDT 532 (9 October 2023) [pdf, 201 KB]

   ...retaining wall will provide a “substantial structural benefit” to DL’s property, something DL denies. CI0301_CIV_DCDT_Order Page 2 of 4 Issues 11. The general or common law principle states that every landowner has a duty not perform any activity on their land which would cause damage to another person’s land. This is known as the right of support for the land in its natural state. 12. But the “right of support” does not require the property owner to take po...

10. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

    ...from a determination of the Employment Relations Authority (the Authority). 1 The Authority dismissed a personal grievance filed on Mr Yang’s behalf, finding that he was a contractor rather than an employee. The challenge proceeded by way of formal proof hearing. Counsel acting for the defendant company had previously been granted leave to withdraw, and the company failed to appear. [2] The primary issue before the Court is whether, at the time Mr Yang’s engagement with...