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  1. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [PDF, 70 KB]

    Contract / Sharemilkers Agreements Act 1937 / Applicant was appointed by the Respondent and a third party to act as a conciliator in sharemilking dispute / both parties agreed to pay half the costs of the conciliation / Respondent had not paid its account and considered the work done by the Applicant to be in breach of her contract as a conciliator / held that the Applicant failed to carry out her role as conciliator with reasonable skill and care, and in accordance with the Sharemilking Agreement / conciliator was obliged to immediately convene a hearing between parties; to assist parties to reconcile their views on the dispute to reach an amicable settlement, and to provide independent and impartial assistance / was not relevant that the Applicant was not a member of a professional body of mediators, or that she failed to complete the conciliation in the timeframe envisaged under the Sharemilking Agreement / held that the failings in the process adopted by the Applicant significantly...