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...of $5,000. 19 Richora Group Ltd v Cheng [2018] NZEmpC 113, [2018] ERNZ 337; Waikato District Health Board v Archibald [2017] NZEmpC 132, [2017] ERNZ 791. Costs [71] Costs are reserved. If either party seeks costs, memoranda may be filed but the company will need to bear in mind that it was represented by its director in his capacity as agent. K G Smith Judge Judgment signed at 12.10 pm on 30 November 2022
...improvement in appearance and feel of the area over many months. [26] The respondent then sought an expert opinion from plastic surgeon, Mr de Chalain. [27] In his report of 27 March 2017, he said: I have now had the opportunity to read through the file of documents concerning this case and in my view, it would appear to be completely straightforward. In essence, Mrs Shield presented for an excision of a possible squamous cell carcinoma of her right anterior leg. … It would...
...involving TFCC, secondary to a high energy transfer event of 13 July 2016, is not supported by the clinical presentation considering the symptoms, signs and clinical cause described. This of course remains a possible scenario, but on the evidence on file I’m not in the position to consider the scenario…on the balance of clinical possibilities, the more likely. [22] Following the review decision, Dr Timms reported again on 10 September 2018 saying: With no history of ligamen...
...This Judgment is recalled pursuant to rule 11.9 of the District Court Rules 2014 and the following changes made. Change 1. Paragraph 65 is deleted and replaced with: [65] The parties seek costs. Costs are reserved. The parties may file memoranda in respect thereof within thirty days. Change 2. Although implicit in the Judgment, in respect of appeal ACR 261/20, I formally find that for the purposes of s 114(1) of the Accident Compensation Act 2001, the responde...
...second complaint replicates her first. This requires a brief discussion of the law concerning repeat claims or complaints. In general, it is not open to a complainant who has been unsuccessful with their complaint, to start the process again by the filing of a second complaint that rehashes the ground covered by the first. The general description of claims or complaints which are repetitive, is that they are an abuse of process. [39] The critical point, as an English court has expl...
...with minor modifications when you have your own vehicle. ACC will consider your injury related needs for modifications if and when you change vehicles. [Emphasis added] [3] This decision was upheld at review. Agreed facts [4] The parties filed a statement of agreed facts, reproduced as follows. [5] Mr Reed has cover for a number of injuries. Relevantly, he has cover for a right wrist scaphoid fracture suffered in a motorcycle accident on 1 January 1986. [6] Mr Reed does...
...17 December 2021; b. Ms Felicity Boyd, evidence-in-chief dated 18 February 2022; c. Ms Claire Hunter, evidence-in-chief dated 25 February 2022; and d. Mr Murray Brass, evidence-in-chief dated 25 February 2022. 4. Evidence in reply is due to be filed on 11 March 2022. 5. The experts’ qualifications, experience, assumptions, methods, facts, material and papers relied on are set out in their respective briefs of evidence. 6. The experts confirm that they have read the Environment C...
...bought by the business, in order to pay off some of the business’ debt. [13] On 20 August 2018, the Corporation approved cover for a lumbar disc prolapse with radiculopathy on the 2007 claim. [14] On 3 October 2018, a medical certificate was filed for Mr Hooker claiming weekly compensation from 17 October 2007 onwards, as being the date on which he suffered his injury and from which he had been unable to work. The certificate certified that Mr Hooker was unfit to work from 3...
...events needs to be correct. No one is well served, if not. Dated at Auckland this 24th day of February 2022 _____________________________________ Ron M Mansfield QC / J Oliver-Hood Counsel for Mr Tarrant THIS SUBMISSION is filed by Ronald Michael Mansfield QC of Auckland, whose address for service is at Level 28, SAP Tower, 151 Queens Street, Auckland, Ph (09) 304 1627, Fax (09) 368 4473. IN THE CORONER’S COURT IN CHRISTCHURCH CSU-2019-CCH-000165 to CS...
...disabled people because the inherent disability factors result in lower assessments of their injury related impairments. Decision [40] It is plain that the appellant in this case is significantly disabled. [41] Following the hearing, Counsel filed a joint memorandum in which it was agreed that at present the appellant receives 64 hours 20 minutes a week of attended care assistance, and also 8 hours 40 minutes a week of home help assistance, making the current level of support funded...