From 3 June 2025 the Employment Court will start publishing its judgments from 24 hours after the delivery date, or the next business day, unless otherwise directed by a judge. Decisions of public interest may be published earlier, as directed by a judge.

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3028 items matching your search terms

  2. EX v UC [2017] NZDT 1011 (24 May 2017) [PDF, 20 KB]

    Consumer Guarantees Act 1993 / Applicants purchased a clothes dryer from Respondent with an extended warranty / dryer underwent repairs during warranty period / Applicant claimed dryer still in need of repair / Respondent’s agent inspected dryer and found no repair required / Applicant claimed dryer not durable / Applicant wished to reject the good and receive refund of purchase price, cost of  extended warranty and  Tribunals’ filing fee / Held: cause of failures not sufficiently established / Tribunal could not exclude  possibility of user issues / no breach of guarantee in terms of durability or fitness for purpose / no remedy under Consumer Guarantees Act 1993 available / claim dismissed
  17. FM Ltd v TN [2017] NZDT 1005 (26 April 2017) [PDF, 113 KB]

    Negligence / Respondent’s truck and trailer unit was stationary at a wide single lane intersection to turn left onto road / Applicant saw some space to the left of respondent’s truck and trailer unit, and drove into this, with the intention of also turning left / but, unable to proceed as Respondent’s vehicle obscuring his view / Respondent indicating left during this time / when Respondent began left turn, his vehicle collided with Applicant’s vehicle / Applicant seeking $15,000 toward costs of repairs / duty of care / Road User Rules 2.5, 2.6 and 2.8 / no evidence Respondent further to right than practicably necessary for turn / Applicant not engaged in passing manoeuvre as unable to proceed due to position of Respondent’s vehicle / even if able to keep moving, manoeuvre not one that could be made safely or without impeding vehicle with right of way / Held: Applicant placed his vehicle in harm’s way in an unusual and unsafe manoeuvre / Applicant had not driven with the care expected …
  18. EY v UB [2017] NZDT 1002 (13 April 2017) [PDF, 78 KB]

    Consumer Guarantees Act 1993 / Applicant contracted Respondent to deliver a dirt bike / Respondent did not have cartage insurance / bike was stolen off back of Respondent’s truck / Applicant claimed value/purchase price of bike / Applicant claimed Respondent negligent in leaving bike unsecured and unattended / Held: carriage of goods done at “limited carrier’s risk” / no written agreement / Respondent ordered to pay Applicant $2000.00
  19. HB Ltd v NH & KX [2017] NZDT 1452 (11 April 2017) [PDF, 194 KB]

    Agency / Personal guarantee / Personal liability / Applicant gave credit account to Respondent’s business / Second Respondent was employee of business / Second Respondent purchased items using business account for personal use without authorisation / Respondent queried charges made by Second Respondent / Applicant made claim against Respondent under personal guarantee for $2,013.3 plus costs of $550.92 / Applicant claimed sum and costs from Second Respondent in the alternative / Held: Second respondent did not have actual or apparent authority to purchase on Respondent’s account / No evidence that Respondent held out Second Respondent as agent / Respondent informed Applicant of unauthorised purchases as soon as known / Held: Respondent not personally liable to Applicant despite guarantee / Debts incurred by Second Respondent were not authorised by Respondent / Held: Second Respondent liable to pay Applicant / Claim allowed / Second Respondent ordered to pay $2,013.3 to Applicant / Appl…
  22. [2017] NZEmpC 35 Ahuja and Others v Labour Inspector [PDF, 336 KB]

    [2017] NZEmpC 35 Ahuja v Labour Inspector, Ministry of Business, Innovation and Employment (Interlocutory Judgment (No 2) of Chief Judge G L Colgan, 30 March 2017) CHALLENGE  – AUTHORITY AWARDED PENALTY OF ITS OWN MOTION – REPRESENTATION - whether Authority should appear when not a party to plaintiff’s challenge – whether independent counsel to be appointed – Labour Inspector not appropriate defendant in every case but appropriate  where party to challenge and willing participant – costs to be met out of public funds.
  24. HD v FT [2017] NZDT 1396 (20 March 2017) [PDF, 183 KB]

    Negligence / Collision between Applicant’s and Respondent’s vehicles / Respondent was a driving instructor and the Second Respondent was driving his car as part of her driving lesson / Applicant and his insurer claim the cost of repairing the Applicant’s car of $3,883.78 / Respondent counterclaims the costs of repair to his car / Whether the parties reached a binding settlement agreement / Whether Second Respondent gave way / Whether Respondent negligent in failing to provide adequate supervision / Whether there was any contributory negligence on the part of the Applicant / What sum should be paid between the parties / Held: Respondent offered to get Applicant’s car repaired / Applicant’s response did not constitute a binding settlement merely negotiations / Applicant was under no obligation to continue with the negotiations and was free to decide to proceed through his insurer / Respondent admitted negligence / Respondent was on the phone at the time of the crash / High level of respo…

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