Search Results

1. TD v DJ Ltd [2022] NZDT 167 (13 October 2022) [pdf, 163 KB]

   ...in his claim he would need to show that DJ Ltd did not use reasonable care and skill when it provided its carparking service. He would need to show that it failed to do something that a reasonable provider of an airport car park would do. 10. Form the evidence provided, I find that TD has not shown that DJ Ltd failed to use reasonable care by failing to do something that it ought to have done in this situation to stop the theft of TD’s vehicle. Although TD considered that DJ Ltd...

2. Te Manutukutuku Issue 5 [pdf, 2.8 MB]

   ...sea fisheries; and (3) the host of smaller claims that were introduced during the initial two years of Ngai Tahu hearings. Chief Judge Durie has given several addresses this year. We list here a selection of his speeches which are available on request from this office: National Conference of Major Religious Superiors of New Zealand. Wellington, March 1990 Hoi Manawhenua. Rotorua, April 1990 Commonwealth Law Conference. "Treaties and the Common Law as Sources of Indigenous Rig...

3. Power & Anor as Trustees of the AR Power Family Trust [pdf, 85 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The letter from Michelle Paddison to the Department of Building and Housing dated 21 July 2010. The information sent by the Western Bay of Plenty District Council to David Payne. The assessor’s report dated 11...

4. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

   ...circumstances, which related RVB’s employment. 12. The Applicants demanded to know the details of the change to the Respondents’ personal circumstances, which the Respondents claim is personal and they are not willing to disclose sensitive private information. 13. The case law proffered by the Applicants involves a purchaser that attempted to avoid a Sale and Purchase Agreement on a financing condition but for reasons other than financing. The court found that the Respondent h...

5. DX v E Ltd & DH [2024] NZDT 774 (17 September 2024) [pdf, 91 KB]

   ...paid for the joinery, and before he picked it up, his builder told him the joinery needed to meet the NZ standard 0.46 for thermally broken joinery to get building consent. He checked and found out the joinery did not meet this standard, therefore, he formed an opinion that CB gave him false information about the joinery, which induced him to enter into the contract. 4. CB gave evidence that DX told him he was looking for double glazed joinery and that is what he showed him. DX did not...

6. BC v GT & TT [2022] NZDT 134 (31 August 2022) [pdf, 102 KB]

   ...The result [15] My order is that TT must pay BC for the repair of the dining area, but not the entry foyer. The sum TT must pay is $3,504.00. Referee: C Hawes Date: 31 August 2022 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 rehe...

7. TG & TS v NS & Ors [2023] NZDT 332 (9 August 2023) [pdf, 207 KB]

   ...liable to pay the Applicant’s insurer $1,773.04. Referee: L Trevelyan Date: 9 August 2023 CI0301_CIV_DCDT_Order Page 4 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...

8. N Ltd v SH [2023] NZDT 295 (24 May 2023) [pdf, 126 KB]

   ...refused to speak to the crew and drove away. 4. SH claims that crew #2 were only present for 10 minutes to assist with the fridge and that this cost was not made clear in the contract, nor was it something he agreed to. He claims that he did inform N Ltd about the fridge, and that N Ltd should have ensured they sent out a team capable of lifting the fridge instead of having to send out more crew. 5. N Ltd claim that had they known about the fridge prior to the move, that they...

9. G Ltd v C Ltd [2024] NZDT 506 (25 June 2024) [pdf, 107 KB]

   ...referred to her ‘counter-claim’ but it was established that she meant her submissions in response to the claim which contained no reference to sums that C Ltd had spent or wished to claim. She did then state at the hearing that she wished to lodge a formal counter-claim. 5. Given that this matter has been through a rehearing process (because the respondent did not receive notices prior to the first hearing), and that the rehearing decision states that any counter-claim needed to b...

10. [2007] NZEmpC AC 59/07 Paki v Panel Holdings Ltd [pdf, 18 KB]

    ...Authority’s determination caused s181 of the Employment Relations Act 2000 to be engaged and, in particular, that Ms Paki may not have participated in the Authority’s investigation in a manner that was designed to resolve the issues involved. I requested the Authority to provide the Court with a report under s181(1). I agreed that the company should not have to plead to the statement of claim until Ms Paki’s solicitor on the record confirms to the Registrar that he had instr...