Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Contract / Second Respondent’s brother on her behalf made successfully bid on motor vehicle on Trade Me using First Respondent’s account / Second Respondent could not afford to pay for purchase / Applicant re-advertised vehicle and sold at a lesser price / Applicant claimed the difference in price / Tribunal finds First Respondent is not liable as the contract is between Applicant and Second Respondent as bid was made on her behalf / Second Respondent in breach of contract as she failed to pay purchase price / Applicant entitled to recover difference in price and expenses incurred as damages / claim allowed, Second Respondent ordered to pay Applicant $700.00.

Negligence / Animal Law Reform Act 1989 / Respondent’s cattlebeast escaped on the road / collided with Applicant’s car causing extensive damage / car written off / issues are whether respondent failed to take reasonable care if third party had left gate open and whether storage costs while Applicant’s wreck was being sold are established / held that Respondent failed to take reasonable care to ensure stock did not stray on to road – either by leaving gate open himself or allowing third party to do so / storage period of 52 days not foreseeable and is therefore reduced to 14 days / sum awarded reduced accordingly by $218.50 / Respondent ordered to pay $6,901.26 / Respondent to pay the money to Applicant’s insurer.

Breach of Rule 5(7) Solicitors Trust Account Rules 1996 / Payment of fees to broker not authorised by client / Breach not such that disciplinary proceedings could have been commenced under Law Practitioners Act 1982. Section 351(1) LCA.

Decision Date: 11 June 2012. A Charges laid under s 91 of the Real Estate Agents Act 2008

Decision Date: 01 June 2012. A Charges laid under s 91 of the Real Estate Agents Act 2008

Breach of an undertaking / Standards Committee must properly exercise discretion as to whether to lay charges before LCDT /  Breach of an undertaking may constitute unsatisfactory conduct depending on the circumstances.

22.05.2012 | Judge Coxhead | Te Ture Whenua Māori Act 1993,  section 244 | Trusts, Replacement of responsible trust, Transition period to allow for transfer, Trustees’ fees during transition period, Ex-gratia payment

Complaints of overcharging not upheld by SC /  Lawyer had been paid in advance for Court case that settled without attending Court / LCRO redirected matter back to SC to obtain Costs Assessor.

Decision Date:03 May 2012. A Charges laid under s 91 of the Real Estate Agents Act 2008

29.03.12 | Deputy Chief Judge Fox, Judge Ambler, Judge Reeves | Te Ture Whenua Māori Act 1993, sections 58, 79 | Costs

Decision Date:26 April 2012. A Charges laid under s 91 of the Real Estate Agents Act 2008

Contract / Applicant claims $506.93 in respect of plumbing services rendered by Respondent and additional administrative costs / Respondent claims its insurer should make the relevant payment / Respondent did not deny existence of contract or that services were rendered / issue of whether the Respondent’s insurer should pay is an issue between the Respondent and its insurer / Applicant is entitled to payment of services but not additional charges as lack of evidence that Respondent accepted the additional charges / Tribunal filing fee only recoverable in exceptional circumstances which do not apply / Respondent to pay Applicant $312.57.