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...remitted back to the Corporation to ascertain the exact period of incapacity and the amount of compensation involved. [54] Mr Carmichael is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Appellant: Schmidt and Peart Law. Solicitors for the Respondent: Young Hunter.
...[54] This appeal is therefore allowed, and the review decision of 11 January 2021 is set aside. [55] Mr Jamieson is entitled to costs and/or disbursements. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Corporation: Medico Law.
...in s 103A(2) of the Act. Conclusion [84] The challenge to the Authority’s determination is unsuccessful and is dismissed. [85] Costs are reserved. The parties are encouraged to agree on costs but if that is not possible memoranda may be filed. K G Smith Judge Judgment signed at 4.30 pm on 1 September 2023
...08/07/1991 (except for a bipartite patella, which is a developmental variation). There was no evidence of fractures, subluxations, dislocations, soft tissue swelling, hemarthrosis or any other acute injuries on that X-ray report. The ACC physical file was apparently destroyed, and no further information was available. The first possible mention of this event was in Dr Russell General Practitioner’s 16/09/2016 referral to the Orthopaedic Department in which he noted “PHX2 of mo...
...the respondent’s decision of 8 September 2021 revoking deemed cover for sciatica and disc protrusion is wrong and is hereby reversed. [90] Accordingly, the appeal is allowed. [91] Should there be any issue as to costs, Counsel have leave to file memoranda in respect thereof. CJ McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Medico Law Limited, Grey Lynn
...enable Mr Q’s current firm to adjust for the suspension order, it will take effect on 16 May 2023. Should we order compensation? [47] Victim A does not seek compensation for emotional harm. We should respect her stance. [48] Victim B has filed a victim impact statement, the contents of which we permanently suppress. We accept her statement. The effect of the conduct on her directly and the consequent issues require compensation for emotional harm under s 156(1)(d). Mr Q ac...
...s42A report author and rejected the relief sought in DCFL’s submissions. [5] On 23 February 2022, DCFL appealed the Decision seeking the Decision be overturned and the Property be rezoned to RLZ. Agreement reached [6] Since the appeal was filed, the parties have engaged in direct discussions and have reached an agreement to rezone the Property to RLZ and apply a precinct over the Property to guide development within the precinct. This agreement would fully resolve DCFL’s a...
...interaction of effects and any cumulative effects, can be identified and assessed in the context of the environment.13 It is the overall use that must be identified.14 The separation of the domes from the displays would, on the face of the documents filed with the application, be an artificial basis for any assessment. Further, it would likely hinder the Council’s duty to observe and enforce the AUP, as required by s 84 of the RMA, to allow the domes to be erected as a permitted a...
...can be adequately determined in the absence of the parties. The parties have agreed to this course of action. [24] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessitate any further submission from either party. On the basis of the information available, I have concluded t...
...Industrial Development Area from Rural to Industrial and including the other provisions contained within Annexure A to this decision. Costs [7] The Court assumes that there are no issues as to costs. Any party who/which has a contrary view may file a memorandum accordingly within 10 working days and further directions will issue. For the Court: ______________________________ B P Dwyer Environment Judge 1 DEV -Marton Industrial Development Area (MIDA) Objec...