Search Results

1. 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...

2. [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...

3. NZ Private Prosecution Service Ltd v Key (Service of Statement of Claim) [2015] NZHRRT 22 [pdf, 41 KB]

   ...direction that Ms Bailey be served with the proceedings is not a suggestion she should exercise her right to apply under s 108. It is simply a recognition that in fairness she should be in a position to make an informed 3 decision. While it is requested that Ms Bailey notify the Tribunal whether she intends availing herself of s 108, she does have the option of reserving her position until more is known. In the latter case she can file an address for service which will have the p...

4. EN v B Ltd [2023] NZDT 501 (3 October 2023) [pdf, 228 KB]

   ...$1500.00 for his losses? 12. Having found EN breached a term of his agreement, he is not entitled to claim his losses and accordingly the claim is dismissed. Referee: Nigel Wolland Date: 3 October 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...

5. MJ v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 220 [pdf, 195 KB]

   ...the appellant’s level of impairment had changed since her previous assessment was noted as being “Now unable to work/loss of confidence. Situation has deteriorated”. Medical consultation notes by Dr Conolly dated 10 December 2008 record “forms filled in for reassessment of sensitive claim”, 3 with symptoms noted as “depression, loss of confidence, panic attacks and flash backs”. Dr Conolly also lodged an ACC54 form for the purpose of applying for the reassessment...

6. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...application for orders that a preliminary question of liability be the subject of separate trial; the plaintiff’s challenge to the third defendant’s notice of objection to disclosure of documents; and the plaintiff’s application for letters of request for evidence to be taken overseas. [2] It is necessary first to outline the nature of the proceedings between the parties as pleaded. I should emphasise that, except where allegations are admitted, this summary of the case is...

7. BN & KN as trustees for the N Trust v I Ltd [2024] NZDT 188 (8 February 2024) [pdf, 182 KB]

   ...Ltd. They had allowed for this sum as a set-off in the claim that they filed. As their obligation to pay it is not disputed, they must pay that sum to I Ltd. Referee: C Hawes Date: 8 February 2024 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...

8. BC v KQ & EQ [2024] NZDT 146 (15 April 2024) [pdf, 193 KB]

   ...4. The issues to be resolved are: a. Has KQ paid for the car as agreed? b. If not, is BC entitled to $4,900.00 as claimed? Has KQ paid for the car as agreed? CI0301_CIV_DCDT_Order Page 2 of 4 5. Contract law requires parties to perform the promises they make to each other unless there is a valid legal reason not to. 6. I find KQ has not paid for the car as agreed. 7. I reach that finding because KQ and EQ acknowledge that despite being given bank account details X...

9. BN & QN v EG [2024] NZDT 884 (22 December 2024) [pdf, 105 KB]

   ...been issued on the day of inspection, based on a specialist investigator’s conclusion; f. while my focus is on evidence presented, rather than absent, I refer to that as an example of the type of evidence which can be unequivocal and form the basis of a finding. QN and BN offered evidence from their structural engineer which clearly confirms existence of substantial rust. However, Mr M’s evidence appears to me to be outside of that working familiarity with both the V...

10. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

    ...TRIBUNAL ON THE MERITS 2 Introduction [1] Mr Harris alleges that on a date unknown at a café in Albany near Auckland Prison, the Department of Corrections (Corrections) lost documents from his file and thereby disclosed personal information in breach of information privacy Principle 11. The issue in this case is whether the evidence establishes that such breach occurred. Non-publication orders [2] At the commencement of the hearing on 3 April 2013 Ms Reddy for Correc...