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1. [2024] NZEmpC 7 Amazonia Midco 1 Holdings Ltd v Harding [pdf, 222 KB]

   ...but must be exercised judicially and according to principle. [5] The range of factors generally considered relevant in this jurisdiction are well- established.2 They are borrowed from the approach adopted in the High Court and the Court of Appeal under the relevant rules of both Courts.3 [6] The starting point is that the successful party is entitled to the benefit of the judgment they have obtained at first instance. As the Court of Appeal has confirmed, orders for stay shou...

2. French v Accident Compensation Corporation (Causation and Entitlement to Surgery) [2023] NZACC 212 [pdf, 243 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 212 ACR 154/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 151 OF THE ACCIDENT COMPENSATION ACT BETWEEN ROBERT FRENCH Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 December 2023 Heard at: Hamilton/Kirikiriroa Appearances: The Appellant in person Ms F Becroft for the Respond...

3. [2025] NZREADT 01 LQ v Registrar Substantive (9 January 2025) [pdf, 250 KB]

   ...consideration; or (d) was plainly wrong. [32] The Tribunal issued a Minute on 4 September 2024 directing a decision on the papers and setting a timetable for submissions. Submissions [33] The Tribunal received from the complainant a “Request to appeal registrars decision” (undated) with the application, “Submissions for September 4th Teleconference” (undated), a summary of facts (undated) and a response (undated) to the Authority’s submissions. [34] The complaina...

4. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

   ...Court, Court staff or counsel to engage with a litigant who uses the Court’s procedures to engage in personal abuse. He also noted that “the abuse is repetitive and has continued notwithstanding the earlier warning[s]”.9 [16] Mr O’Neill appealed the decision to strike out his claim to the Court of Appeal. The appeal was dismissed with the following observations regarding conduct in judicial proceedings: [17] Limits are enforced because it is inimical to the administrati...

5. Ngawhika v Nepia - Pukehina M Section 1B No 3 (2025) 339 Waiariki MB 127 (339 WAR 127) [pdf, 255 KB]

   ...Meroiti, the principles concerning the grant of a permanent injunction were summarised as follows:5 3 Te Ture Whenua Māori Act 1993, s 37. 4 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 5 Meroiti v Meroiti – Owhata No.1J No. 2B [2025] Māori Appellate Court MB 142 (2025 APPEAL 142) at [32]. 339 Waiariki MB 131 (a) The Court must be satisfied that the grant of the injunction would not cause dispro...

6. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...to disallow the application. [17] Next, the respondents submit that the Court should not only consider the Authority’s determination in ascertaining the merits or otherwise of the intended challenge but, following the judgment of the Court of Appeal in Coutts Cars Ltd v Baguley [2001] 1 ERNZ 660; [2002] 2 NZLR 533, the Court should not deny itself the benefits of the considered views of the Authority following an investigation. Those statements of the Court of Appeal were not, ho...

7. Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93 (268 AOT 93) [pdf, 165 KB]

   ...discretionary remedy designed to protect a plaintiff from injury to legal or equitable rights resulting from delay between the filing of a claim and trial for which damages are not an adequate remedy. 10 In Roseneath Holdings Ltd v Grieve the Court of Appeal summarised the essential purpose of an interim injunction: 11 The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for...

8. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 25 READT 037/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN PETER AND PATRICIA BURN of Auckland, Retired Chartered Accountant, and his wife Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC20002) First respondent AND WILLI BARDOHL of Auckland, Real Estate Agent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Membe...

9. Adair v ACC [2012] NZACA 8 [pdf, 69 KB]

   [2012] NZACA 8 ACA 138/86 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s 107 of the Act BETWEEN KEVIN JOHN ADAIR of Auckland Appellant AND ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING at Wellington on 15 December 2011 APPEARANCES/COUNSEL...

10. [2021] NZACC 39 - Gupta v ACC (19 February 2021) [pdf, 215 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 39 ACR 038/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SHALINI GUPTA Appellant AND ACCIDENT COMPENSATION CORPORATION Second Respondent Hearing: On the papers Submissions: A Gupta for the appellant F Becroft for the Accident Compensation Corporation Judgment: 19 Februa...