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1. LCRO 238/2015 NS v LO (28 September 2018) [pdf, 152 KB]

   ...her partner Mr KP 2 to resolve accounting anomalies, and finalise a division of partnership assets and liabilities. [4] Mrs NS and Mr KP instructed Mr LO as their solicitor and Mr IR as counsel. Mr NS objected to Mr LO’s involvement and filed an interlocutory application in the High Court seeking to have Mr LO disqualified from acting because he was conflicted and held information that was confidential or privileged to Mr NS. Mr NS also filed a complaint to the New Zealand...

2. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

   ...respond to, would have counted against granting leave. Conclusion [36] The application is unsuccessful and is dismissed. [37] Costs are reserved. Any application for costs is to be made within 20 working days. Submissions in response are to be filed within a further 20 working days with a reply within another five working days. K G Smith Judge Judgment signed at 4.30 pm on 14 December 2020

3. [2020] NZEnvC 217 Trojan Holdings Limited v Queenstown Lakes District Council [pdf, 472 KB]

   ...Issue: 21 December 2020 DECISION AS TO COSTS A: Under s285, RMA 1, Queenstown Lakes District Council is ordered to pay to Trojan Holdings Limited and Skyline Enterprises Limited jointly costs of $40,000. B: Under s286, RMA, this order may be filed in the District Court at Queenstown for enforcement purposes (if necessary). Resource Management Act 1991. QLDC PDP - TOPIC 8 COSTS DECISION 18 DECEMBER 2020 2 REASONS Introduction [1] Appeals by Trojan Holdings Limited ('...

4. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...visit to the IPP 11 breach. In response to questions Ms Ween was unable to recall when she visited the doctor. Rather, she said that she tried to manage the matter herself for some time. [20.7] The evidence relating to attending a doctor was not filed until 3 July 2020. It is difficult to understand why Ms Ween failed to mention this in evidence filed prior to this date. [21] Given the above the Tribunal is not satisfied, on the balance of probabilities, that the breach by Betty...

5. Te Manutukutuku Issue 15 [pdf, 3.1 MB]

   ...Planning Tri­ bunal by the Acclimatisation Society to protect the Mohaka River from planned development by Electri­ corp. Claimant counsel said a refusal for legal aid denied Ngati Pahauwera participation in that Planning Tribunal hearing. The tribe filed submissions which were not considered in the Planning Tribunal's findings because they were unsworn statements, they were written in Maori, and because cross-examination was not possible through lack of representation. Ngati Pa...

6. [2021] NZACC 120 - Hoeberechts v ACC (3 August 2021) [pdf, 199 KB]

   ...October 2018, Ms Hoeberechts was seen by Dr Vaughan. He noted that Ms Hoeberechts had continued to experience pain and dysfunction since the wrist 5 fusion. Dr Vaughan diagnosed reflex sympathetic dystrophy in the right wrist. Dr Vaughan filed an ACC18 medical certificate asking for reflex sympathetic dystrophy as an additional injury claim. [21] On 16 November 2018, Ms Hoeberechts’ clinical notes were reviewed by Dr David Scott, BMA. He noted that chronic regional pain s...

7. LCRO 113/2020 SM v YL (7 May 2021) [pdf, 141 KB]

   ...4 It appears to be the position that Mr YL (and his employers) first became involved with this property when instructed by Mr SM to act on the sale in November 2018. 5 Standards Committee decision at [41]. 5 Review Application [22] Mr SM filed his application for review on 11 June 2020. He said: (a) Mr YL had failed to act in his best interests. (b) Mr YL’s conduct “removed [Mr SM’s] opportunity to control [his] next course of action.” (c) The Disputes Tribunal fou...

8. [2021] NZEnvC 132 Drach v Tasman District Council [pdf, 954 KB]

   ...[2] Tasman District Council (‘TDC’) was directed to file for the court’s approval a further version of the consent, in TDC formatting, to reflect the findings of the court’s decision. Memorandum dated 25 August 2021 [3] Counsel for TDC filed a memorandum attaching a marked up and clean copy of the conditions. [4] Counsel noted that the header inserted into the conditions at page 1 reflects TDC’s practice when consents are finalised following an appeal to the Environ...

9. [2022] NZACC 70 – Cuervo-Hernandez v ACC (3 May 2022) [pdf, 191 KB]

   ...cover for a L5/S1 disc protrusion. Background [2] Ms Cuervo-Hernandez was born in 1987. She worked as a barista. 2 [3] On 12 September 2017, Ms Cuervo-Hernandez was lifting boxes and felt pain in her back. On 21 September 2017 a claim was filed for lumbar and coccyx strains. On 25 September 2017, the claim was automatically accepted. Ms Cuervo- Hernandez was initially not certified unfit for work, and she carried on with her work as a barista. [4] During September and...

10. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 155 [pdf, 193 KB]

    ...medical link between the proposed treatment and the covered injury: Forceful activity when he got a weed eater caught in some flax which jerked sharply injuring his shoulder. [19] On 8 July 2021, Mr Alex Rutherford, Orthopaedic Surgeon conducted a file review and advised that a rotator cuff tear was causing Mr Henderson’s symptoms. However, Mr Rutherford concluded that a causal link between the accident and injury was not made out: The medical evidence does not support a caus...