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1. TQ Ltd v MQ [2017] NZDT 1447 (24 July 2017) [pdf, 104 KB]

   ...contractual or quasi-contractual: the courts have held that the Authority has CI0301_CIV_DCDT_Order Page 2 of 3 exclusive jurisdiction under ERA s 161(1)(r) to hear a claim by an employer that it has overpaid an employee, even though the claim has been formulated as one in restitution. See for example Aztec Packaging Ltd v Malevris [2012] NZHC 243 and Foai v Air New Zealand Ltd [2012] NZEmpC 57. 7. TQ pointed out that the employment relationship between Mr Q and TQ had ended at the...

2. IH & KH v B Ltd [2024] NZDT 820 (21 October 2024) [pdf, 92 KB]

   ...the burden to prove an B Ltd employee acted negligently and I am not satisfied the evidence shows this. Accordingly, the claim must be dismissed. Referee: P McKinstry Date: 21 October 2024 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. NJ Ltd v UX Ltd [2024] NZDT 383 (22 April 2024) [pdf, 87 KB]

   ...claimed that the total including freight exceeded the quoted price. However, the quotation gave different prices for “6 cans in [region]” and “6 cans by air” (as translated), and the separate charge was for air freight. NJ Ltd’s witness X, a former UX Ltd manager, gave evidence that the quoted price included sea freight but not air freight, which does not support NJ Ltd’s contention that air freight should be included. NJ Ltd has therefore been unable to prove that it was overc...

4. Manchester Securities Limited [2013] NZWHT Auckland 4 [pdf, 80 KB]

   ...final inspection (other than in a trivial way), then it will not be “built” for eligibility purposes until it has passed its final inspection. Any exceptions to this approach are likely to be rare but might include, for example, a case where a request for the final inspection has been unduly delayed and there is clear evidence that the dwelling house was built to the extent required by the building consent prior to that date. 3 [15] The 12th floor apartment owned by Manchest...

5. D Ltd v KG [2024] NZDT 323 (15 May 2024) [pdf, 94 KB]

   ...in his fibreglass over ply boat and asked for a quote from the applicant to remedy. The applicant advised that it appeared the boat had suffered some impact damage and estimated $2,000 to repair the leak. [3] The applicant advised respondent to inform his insurer and he did so. The insurer, J Ltd, agreed to cover the repair.1 The respondent completed the repair and invoiced the applicant $2,346.00. This amount was paid by the respondent to the applicant. The respondent was later reimburse...

6. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an acceptable quality. Section 7 CGA provides further information about what acceptable quality means, including examples like, goods must be fit for a purpose for which they are commonly supplied; be acceptable in appearance and finish; and be free from minor defects. 6. Having considered all th...

7. LC v Q Ltd [2025] NZDT 94 (26 May 2025) [pdf, 196 KB]

   ...person may be liable, not the vehicle itself or its owner. b. The jurisdiction of the Tribunal is provided for in sections 10 and 11 of the Disputes Tribunal Act 1988 and does not include the power to require that one party disclose/provide information to another party. 9. For completeness, I record that I have considered Q Ltd saying that it believed the driver was acting as an agent of LC, however I do not find it reasonable to believe this for either contract or trespass. In...

8. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

   ...to be resolved are: a. Is TX in breach of the agreement for sale and purchase? b. Are NK and CW entitled to $2,070.00 as claimed, or to any other sum? Is TX in breach of the Agreement? 5. 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. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

   ...injury, he had a small hobby farm running pigs. He was unable to work effectively as a builder after the accident, so he received earnings-related compensation from the respondent Corporation. Accordingly, he built up the farm as the appropriate form of rehabilitation in order to become independent of the Corporation. [3] A self-employment grant from the Corporation was sought. While this was eventually declined, Mr Chalecki put considerable money into the farm, even buying a bigge...

10. LCRO 125/2023 TR v HJ (28 November 2023) [pdf, 265 KB]

    ...available if the Review Officer considers that the review can be adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [40] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The applicant requested that there be a hearing with both parties present. The respon...