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2940 items matching your search terms

  5. [2015] NZEmpC 98 Premier Events Group Ltd Ors v Beattie [PDF, 160 KB]

    [2015] NZEmpC 98 Premier Events Group Ltd v Beattie (Interim Costs Judgment of Chief Judge G L Colgan, 24 June 2015) COSTS – whether costs can be awarded in incomplete proceedings – costs reserved on successful breach of contract claims against defendant – unpaid remuneration to defendant a discrete matter and $10,000 costs awarded – costs to 2nd and 3rd plaintiffs also awarded - $15,000 and $10,000 respectively –costs reserved on other matters of liability where all causes of action not yet settled.
  10. DC v WX [2015] NZDT 830 (9 June 2015) [PDF, 122 KB]

    Jurisdiction / survey marks and boundary fence / Cadastral Survey Act 2002 (CSA) / Disputes Tribunal Act 1988 (DTA) / Fencing Act 1978 (FA) / parties are neighbours / Applicant removed part of boundary fence to safely remove tree stumps / Applicant noticed two boundary pegs missing while reinstating fence / Applicant claims $1,0355 from Respondent for cost to survey and reinstate boundary pegs on grounds that Respondent removed or tar sealed them during previous driveway maintenance / Respondent counterclaims $1,889.75 in legal costs, stating Applicant verbally agreed to resurvey fence when finished with trees / Held: no jurisdiction to hear Applicant’s claim of interference with survey marks as under s 55, CSA / no jurisdiction over survey cost matters under FA, ss 24(p) and 24A(1) / no jurisdiction over claims involving survey pegs as they cannot qualify as “property” under s 10(1)(c), DTA / Respondent not awarded legal costs as Applicant had arguable case for claim and did not know …
  14. BQ BQB v YJ Ltd [2015] NZDT 799 (1 June 2015) [PDF, 161 KB]

    Contract / insurance policy / Applicants bought an earthquake damaged house and arranged for vendors to assign to them claims related to the earthquake damage the vendors had made with EQC and insurer, Respondent / Applicants claimed accommodation and storage costs of $11,780 / Held: not satisfied the deed achieved transfer of the vendors’ rights to accommodation and storage costs or that Respondent had represented these could be assigned / novation is required for all rights and obligations of an insured to be transferred / wording actually used in deeds or insurance policies must be considered / accommodation expenses not an accrued right assigned with the claim, rather a personal policy entitlement that was not assigned / words used in assignment not sufficient to transfer any entitlements to a claim related to contents policy which is separate from house policy / not persuaded Respondent’s “silence” is actionable misrepresentation or it had active obligation to disabuse any erroneo…
  15. CM Ltd v XO 2015 NZDT 823 (26 May 2015) [PDF, 62 KB]

    Consumer Guarantees Act 1993 / Applicant replaced spouting at Respondent’s property / Respondent noticed dents in roof after work completed / Applicant offered discount off invoice / Applicant claimed for payment of invoice / Respondent counterclaimed for costs to repair dents / Held: Respondent contractually obligated to pay for work completed as invoiced / Tribunal not persuaded on the evidence that it is more probable than not that Applicant dented roof / Respondent not entitled to offset repair costs for roof / Claim allowed, Respondent ordered to pay $1,592.72 to the Applicant for price quoted / Respondent’s counterclaim dismissed
  20. BY Ltd and BYB v YB and YBY [2015] NZDT 778 (5 May 2015) [PDF, 83 KB]

    Jurisdiction / Disputes Tribunals Act 1988 / Applicant undertook development work and disputes arose regarding the legality of drainage work and cost of fencing on shared boundaries / Applicants sought declaration that drainage work was legal and claimed $3,800 for the cost of fencing and $4,128.50 in legal fees / Held: Tribunal does not have jurisdiction to make a declaration as sought by Applicant / cannot make a declaration in Respondents’ favour / no basis to make an order for cost of fencing against Respondents as Applicant had not served a Fencing Act notice and there was no agreement / no basis to make an order against Respondents for legal costs incurred by Applicants / claim dismissed.
  23. GQ v M Ltd [2015] NZDT 1499 (30 April 2015) [PDF, 186 KB]

    Contract / Contractual Remedies Act 1979 / Fair Trading Act 1986 / Respondent approached and had meeting with Applicant regarding advertising services / Applicant signed digital record at meeting / Applicant believed he was entering into a one month agreement / Respondent understood a twelve-month agreement was signed / Applicant sought to cancel contract however due to an error Respondent continued with advertisement services / Applicant claims not liable to pay Respondent monthly invoice fees, Respondent seeks eleven months of fees / Held: Agreement signed did not specify minimum term nor was it discussed in verbal discussions / Applicant was not drawn to Respondent’s Terms of Business / Applicant only liable to pay one month of fees / Outcome: Applicant to pay $690.00 to Respondent, not liable for further eleven months

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