Search Results

1. 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...

2. [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...

3. KI v NX & DX [2022] NZDT 160 (12 October 2022) [pdf, 200 KB]

   ...is reference to an ACC claim number in the invoices for medical costs) and therefore s 317 prevents him from bringing his claim for medical expenses. Referee: R Merrett Date: 12 October 2022 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...

4. IM v IS [2024] NZDT 208 (12 March 2024) [pdf, 96 KB]

   ...jurisdiction to hear the claim. Accordingly, the claim is struck out. Referee: DTR Fuli Date: 19 March 2024 CI0301_CIV_DCDT_Order 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 reh...

5. DF v Q Ltd [2023] NZDT 177 (19 April 2023) [pdf, 143 KB]

   ...reasons: (a) DF was asked for and provided a chattels list. DF could reasonably infer that Q Ltd required the list as part of its management agreement. (b) The Residential Tenancies Act (RTA) provides that a Tenancy Agreement contain minimum information, which includes a list of any chattels provided by the landlord (S.13A(12)(o) RTA. (c) Taking into account the above, I am satisfied that having accepted the management of a fully furnished house, and being provided with a chattels lis...

6. NU v OA [2023] NZDT 748 (19 December 2023) [pdf, 224 KB]

   ...is to pay Mr NU the sum of $590.58. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: K Johnson Date: 19 December 2023 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 reh...

7. NM & TX & KC [2024] NZDT 758 (13 November 2024) [pdf, 122 KB]

   ...to her. 2. NM and TX claim $4,999.00 from KC for her contribution, saying completion of the fence cost them in excess of $12,500.00. In claiming this sum they acknowledge there was no agreement for KC to pay this specific sum, but the claim form required them to nominate a sum, and they say this represents a fair contribution in all the circumstances. 3. This matter was heard before me by teleconference on Friday 11 October 2024 at 2pm. KC previously provided written submission...

8. NN v D Ltd [2025] NZDT 82 (10 February 2025) [pdf, 194 KB]

   ...evidence at the hearing on 10 February 2025. NN advised at the hearing that SF is his uncle and that [Engine Rebuilding Service] is owned by SF’s son, NN’s cousin. 13. There is extensive technical evidence before the Tribunal, both in the form of written reports, technical data and of photographs, as well as the above-mentioned oral evidence from SF. I will not attempt to repeat or summarise all of this evidence in this order. I note that this was clearly a complicated job, where...

9. [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...

10. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

    ...appointed to analyse the wage and time records was discussed. However, this never occurred. f) The plaintiff, frustrated with the lack of progress as to an independent review of the outstanding issues or otherwise, instructed Ms Dodunski to request that the outstanding issues be brought on for consideration at an investigation meeting. A second investigation meeting was accordingly scheduled for 17 May 2018. g) At the commencement of that meeting, Ms Dodunski made an oral app...