Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Jurisdiction / Disputes Tribunals Act 1988 / Applicant argued that Respondent was negligent to the terms of a resource consent for work on adjacent property and claimed to recover his costs / Held: claim is not within the Tribunal’s jurisdiction / parties had no contract / Applicant claimed that Respondent’s negligence caused financial loss / outside the scope of s 10(1) Disputes Tribunals Act 1988 as not destruction, loss, damage or injury to, or recovery of, property / claim dismissed

Gilbert v The Attorney-General in respect of the CE of the Department of Corrections - supplementary costs judgment of Chief Judge G L Colgan.

Service and Food Workers Union v OCS Ltd - costs judgment of Chief Judge G L Colgan.

Fair Trading Act 1986 / Respondent recommended investment plan to Applicants who signed a Management Agreement / Agreement involved Applicants mortgaging their home, borrowing money, receiving money, fees and investment of the balance with an investment company / Applicants gave loan to KL from the investment company who ultimately defaulted on the loan / Applicants claimed that Respondent’s conduct in advising them of investment plan was misleading / Held: investment scheme booklet failed to state the dependence upon re-investment of annual tax refunds / Respondent’s conduct in returning tax refunds to Applicants was misleading / investment plan was not suitable for Applicants / AMP Finance NZ Ltd v Heaven (1997) 8 TCLR 144 / s 11 Fair Trading Act 1986 / claim not statute-barred / s 43(5) Fair Trading Act 1986 / Respondent, as director, should be personally liable / Gloken Holdings Limited v The CDE Company Limited (HC Hamilton CP28/95, 24 June 1997) / claim allowed, Respondent ordere…

Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 decision on quantum TRI 2010-100-000112/DBH 6291. Decision date 21 September 2012. See also the Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 final determination, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 decision on remedial scope, the High Court Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 appeal decision CIV-2012-404-1123, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 costs decision, and Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 49 amended costs decision.

Decision Date: 21 September 2012. Charges laid under s 91 of the Real Estate Agents Act 2008

NZ Meat Workers Union v AFFCO NZ Ltd - costs judgment of Judge A D Ford.

Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 decision on remedial scope TRI 2010-100-000112/DBH 6291. Decision date 24 August 2012. See also the Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 final determination, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 decision on quantum, the High Court Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 appeal decision CIV-2012-404-1123, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 costs decision, and Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 49 amended costs decision.

French v Accident Compensation Corporation - costs judgment of Judge C Inglis.

Contract / lack of consideration / Director of Respondent offered to provide free accounting services to Applicants for two years during sale negotiations of a gym business / offer was confirmed in email after which Applicants arranged to transfer files from previous accountant / dispute arose over retention of an amount of purchase price from sale / Respondent advised Second Applicant that agreement to provide accounting services was cancelled / Applicants claimed two years’ accounting fees / Tribunal finds that there was agreement between parties to provide accounting services free for two years / this was not part of the Sale and Purchase Agreement / this was not legally binding as there was no consideration thus not enforceable / Applicants not contractually entitled to any compensation / offer was in the nature of a gratuitous offer / claim dismissed.

Decision Date: 13 August 2012. Charges laid under s 91 of the Real Estate Agents Act 2008

Tuapawa v AFFCO NZ Ltd - costs judgment of Judge A D Ford.

JUDGMENT OF THE COURT, 1 August 2012. Application for leave to appeal against a decision by Judge Ford is dismissed. Costs order made.