Search Results

1. 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...

2. X Ltd v HK [2025] NZDT 167 (19 May 2025) [pdf, 186 KB]

   ...of jurisdiction or unnecessarily prolonged proceedings. As none of these exceptions apply in this case the applicant’s claim for costs is dismissed. Hannan DTR Disputes Tribunal Referee 19 May 2025 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 re...

3. [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...

4. 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...

5. 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...

6. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...largely agreed with Mr Dalton’s evidence at the hearing. No other expert evidence disputed any of these conclusions. In particular I accept Mr Dalton’s and Mr Bukowski’s evidence that vertical control joints were absent or at best poorly formed. Mr Ballard did not attend the hearing to explain how he joined the sheets. Mr Dalton’s and Mr Bukowki’s evidence was objective, credible and carefully considered. Mr Dalton and Mr Bukowski considered that the defects in connecti...

7. 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...

8. 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...

9. 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...

10. KL v C Ltd [2025] NZDT 262 (17 June 2025) [pdf, 140 KB]

    ...provisions of the Building Act 2004, and if so what damages are payable? Background 3. In August 2020 KL and C Ltd entered into an Agreement for Sale and Purchase of Real Estate which is recorded in the 10th edition of the ADLS/REINZ standard form contract with a number of additional further terms of sale. 4. KL agreed to buy unit 4 in a development of four townhouses to be built on a property at [address 1] (KL’s townhouse is now known as [address 2]). The purchase price w...