Decision Date: 30 October 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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CAC 20006 v Richardson [2013] NZREADT 92 [PDF, 153 KB] -
BI v YR Inc [2013] NZDT 439 (25 October 2013) [PDF, 13 KB] Jurisdiction / Applicant claimed penalties and legal costs arising from non-payment of body corporate levies / Held: Tribunal does not have jurisdiction to hear matters relating to body corporate levies as they are “money due under an enactment” (Unit Titles Act) / s 11(7) Disputes Tribunals Act 1988 / fact that new claim is for penalties and legal costs do not bring it into jurisdiction because the original cause of action is still the same / claim struck out.
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[2013] NZEmpC 195 Harrisons Fine Art Ltd v Carrothers [PDF, 65 KB] Harrisons Fine Art Ltd v Carrothers [2013] NZEmpC 195 [Interlocutory Judgment of Chief Judge G L Colgan, 21 October 2013] APPLICATION FOR SECURITY FOR COSTS – Defendant seeks $7000 security from plaintiff – Interests of justice require that plaintiff give security for costs – Justified by combination of unusual factors – Plaintiff company is insolvent – Unlikely to meet even a modest award of costs if unsuccessful – Defendant is legally aided – Consideration required as to whether Crown funds should be expended on fruitless exercise of recovering costs from plaintiff if unsuccessful – Refusal of plaintiff to take part in Authority investigation – Indicates an indifference to the proceedings and its consequences – Application granted
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CAC 10054 v Hume [2013] NZREADT 91 [PDF, 252 KB] Decision Date: 17 October 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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CAC 10020 v McDonald [2013] NZREADT 89 [PDF, 57 KB] Decision Date: 17 October 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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CAC 10020 v McDonald [2013] NZREADT 95 [PDF, 65 KB] Decision Date:17 October 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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CAC 20004 v Clark & Clark [2013] NZREADT 88 [PDF, 28 KB] Decision Date: 16 October 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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[2013] NZEmpC 185 Rogers v Willis [PDF, 15 KB] Rogers v Willis [2013] NZEmpC 185 [Interlocutory Judgment of Judge M E Perkins, 30 September 2013] APPLICATION FOR STAY OF PROCEEDINGS– Failure of plaintiff to make payment of security for costs order – Notice of opposition filed by plaintiff deficient – Appropriate that stay of proceedings be granted – Proceedings stayed until plaintiff makes payment of security for costs.
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[2013] NZEmpC 180 Dolev v Netafim Australia Pty Ltd [PDF, 53 KB] Dolev v Netafim Australia Pty Ltd [2013] NZEmpC 180 [Costs Judgment of Judge M E Perkins, 27 September 2013] COSTS – Defendant successful in defending majority of plaintiff’s claims – Plaintiff only partially successful – Appropriate case where no costs should be awarded to either party – Each party to bear own costs – Authority determination on costs to stand.
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[2013] NZEmpC 182 Hally Labels Ltd v Powell [PDF, 15 KB] Hally Labels Ltd v Powell [2013] NZEmpC 182 [Interlocutory Judgment of Judge ME Perkins, 27 September 2013] APPLICATION FOR LEAVE TO FILE THIRD AMENDED STATEMENT OF CLAIM – Amendments sought in respect of damages claim for costs incurred in High Court and alleged breach of implied undertaking – Costs as damages claim not a new cause of action – Encompassed in broad claim for damages – Defendants opposition to grant of leave more akin to strike-out application – Defendant unlikely to suffer prejudice – Leave granted – APPLICATION FOR CONTINUATION OF FREEZING ORDER – Circumstances have not materially changed since order originally granted – Concerns over financial position of defendant not diminished – Order renewed and continued.
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CAC 20006 v Wallace [2013] NZREADT 81 [PDF, 36 KB] Decision Date: 27 August 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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AEJ Ltd v ZVM [2013] NZDT 304 (23 September 2013) [PDF, 56 KB] Negligence / Animal Law Reform Act 1989 / Respondent’s cattle which wandered on highway hit Applicant’s truck / cattle pushed through unsecured boundary gate / truck damaged in collision / issue is whether Respondent took reasonable care to ensure cattle did not stray / held that Respondent failed to take reasonable care as gate was not secured / argument that truck driver contributed to collision is rejected / Respondent ordered to pay $7,523.01 towards repair costs.
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Rafiq v Commissioner of Inland Revenue (Costs) [2013] NZHRRT 30 [PDF, 39 KB] Costs decision: 18 September 2013. Privacy Act 1993.
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Koyama v New Zealand Law Society (Costs) [2013] NZHRRT 29 [PDF, 50 KB] Costs decision date: 18 September 2013. Human Rights Act 1993.
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Rafiq v Ministry of Business, Innovation and Employment (Costs) [2013] NZHRRT 32 [PDF, 36 KB] Costs decision date: 18 September 2013. Privacy Act 1993.
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Rafiq v Commissioner of Police (Costs) [2013] NZHRRT 31 [PDF, 40 KB] Costs decision date: 18 September 2013. Privacy Act 1993.
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Rafiq v Department of Internal Affairs (Costs) [2013] NZHRRT 33 [PDF, 33 KB] Decision date: 18 September 2013. Privacy Act 1993.
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CAC 20003 v Weldrand [2013] NZREADT 78 [PDF, 62 KB] Decision Date: 18 September 2013. Charges laid under s 91 of the Real Estate Agents Act 2008
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AEH v ZVO [2013] NZDT 229 (17 September 2013) [PDF, 55 KB] Contract / oral contract / Respondent had not paid for six taxi rides over a two-year period / verbal contract existed / term that Respondent would pay for taxi and if he did not there would be fees and collection costs added / Respondent failed to pay outstanding fare and associated charges / breach of contract established / Applicant entitled to the recover cost of the fares, “reasonable” account fees and collection costs / Disputes Tribunal filing fee only recoverable in “exceptional circumstances” as set out in the Disputes Tribunal Act / claim for filing fee failed.
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[2013] NZEmpC 173 Webb v NZ Tramways & Public Passenger Transport Employees’ Union Incorp [PDF, 50 KB] Webb v New Zealand Tramways and Public Passenger Transport Employees’ Union Inc [2013] NZEmpC 173 [Costs Judgment of Judge M E Perkins, 17 September 2013] COSTS – Proceedings brought by plaintiff struck out – Plaintiff opposes awarding of costs – Irregularities of defendant union brought to light by litigation – Forced to regularise positions relating to rules and elections – Plaintiff therefore obtained partial success – Discretion exercised not to award costs against plaintiff – Parties to bear own costs.
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[2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [PDF, 126 KB] Fifita v Dunedin Casinos Ltd [2013] NZEmpC 171 [Judgment of Judge AA Couch, 12 September 2013] COSTS – Challenge to Authority costs determination – Plaintiff unjustifiably dismissed – Awarded only $6957 due to contribution to dismissal – Defendant had made earlier Calderbank offer of $8000 – Authority held costs should not follow the event – Plaintiff ordered to pay defendant $5250 costs – Calderbank offer subject to condition of confidentiality – Principles applicable to Calderbank offers do not apply where conditional on confidentiality – Vindication often sought cannot be achieved – Significance of factor dependant on extent to which plaintiff actually achieved vindication through Authority investigation – Authority critical of plaintiff’s conduct – Net benefit in terms of reputation and vindication small – Weight therefore to be given to defendant’s Calderbank offer, although not to same extent as Authority – No award of costs to be made in respect of Authority proceedings.
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Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 24 [PDF, 131 KB] Costs determination TRI-2011-100-000065/DBH 6124. Decision date 6 September 2013. See also Saffioti v Ward [2013] NZWHT Auckland 17, and the High Court Saffioti v Ward [2013] NZWHT Auckland 17 appeal decision CIV-2013-404-003390.
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[2013] NZEmpC 166 Catering Masters NZ Ltd v Anand [PDF, 63 KB] Catering Masters NZ Ltd v Anand [2013] NZEmpC 166 [Costs Judgment of Judge Christina Inglis, 5 September 2013] Costs – Employment Relations Act – Clause 19, sch 3 – Defendant entitled to costs contribution of $5,500 in the Court and $1,500 in the Authority – Uplift in costs refused – Failure of plaintiff to attend judicial settlement conference not appropriate reason for uplift as process is voluntary – No inferences to be drawn against plaintiff’s motivation for challenge.
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[2013] NZEmpC 162 Nisha v LSG Sky Chefs New Zealand Ltd [PDF, 139 KB] Nisha v LSG Sky Chefs New Zealand Ltd [2013] NZEmpC 162 [Interlocutory judgment of Judge A D Ford, 3 September 2003] Application for stay of proceedings –Employment Court Regulations – Reg 64 – Authority Member refused request for recusal – Plaintiff seeks challenge to determination in Court – Stay sought on substantive Authority investigation – Investigation set for late September 2013 – Member to retire October 2013 –Defendant likely prejudiced by stay as Member’s retirement would require appointment of new Member to hear case resulting in costs and inconvenience – Stay would effectively grant plaintiff desired outcome without merits of substantive challenge being assessed – Allegations of bias and pre-determination not of sufficient novelty or public interest to warrant stay – Application dismissed.
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AGR v ZTX Ltd [2013] NZDT 309 (2 September 2013) [PDF, 80 KB] Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to restore his car and agreed on a price of $20,000 / Applicant collected the repaired and repainted car to have it certified but failed on 9 issues / noted that repairs were very poorly done and not to a tradesman standard / $9,884.25 of further repairs were necessary to bring it up to certification standard / Applicant claimed that sum from Respondent / Held: Respondent was in breach of contract and the Consumer Guarantees Act 1993 / failed to perform the work to an acceptable standard and did not remedy them when notified / Applicant was entitled to have the failure remedied elsewhere / claim allowed, Respondent ordered to pay Applicant $9,884.25.