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ACR 13/12 IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 167 ACR 184/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LYNDA PENI Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 July 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: the appellant in person and her support person Jennifer Hay Ms F Be...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 107 ACAR 4/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SHOGA THOMAS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 18 June 2024 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Com...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 160 ACAR 108/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AW Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 October 2024 Held at: Wellington/Whanganui-a-Tara by AVL Appearances: The Appellant is self-represented K Anderson for the Accident Compensatio...
...similar to s 26 of the Ombudsmen Act, Gault J noted that the IPCA Act does not contain an equivalent of s 25 of the Ombudsmen Act. That section provides: 25 Proceedings not to be questioned or to be subject to review 2 Taylor v the Social Security Appeal Authority (2019] NZHC 1718; Financial Services Complaints ltd v Wakem (2016] NZHC 634. RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 No proceeding of an Ombudsman shall be held bad for want of f...
...similar to s 26 of the Ombudsmen Act, Gault J noted that the IPCA Act does not contain an equivalent of s 25 of the Ombudsmen Act. That section provides: 25 Proceedings not to be questioned or to be subject to review 2 Taylor v the Social Security Appeal Authority (2019] NZHC 1718; Financial Services Complaints ltd v Wakem (2016] NZHC 634. RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 No proceeding of an Ombudsman shall be held bad for want of f...
...not complex; b. Was heard within a half day; c. Involved a level of contribution by the plaintiff held by the Court to be 60%. [14] The principles relating to costs awards in this Court are well-established. They are based on the Court of Appeal judgments in Victoria University of Wellington v Alton-Lee, 4 Binnie v Pacific Health Ltd 5 and Health Waikato Ltd v Elmsly. 6 The Court has a broad discretion in making costs awards which must be exercised judicially and in acco...
...was 3 AC 73/05, 5 December 2005 at [22]. The Court was concerned with an application for rehearing pursued under s 125 of the Employment Contracts Act 1991. 4 [1994] 1 ERNZ 604. The Court of Appeal dismissed an appeal against the judgment of the Employment Court, see [1995] 2 ERNZ 85 (CA). 5 At 607. In relation to an application for re-hearing. mistaken as to the amount of time that the original investigation occupied....
...the fact that the plaintiff persuaded the Court that he was an employee ought to be a discounting factor in terms of the costs calculus. It was simply one of the factors that he had to establish in order to succeed on his claim. The Court of Appeal has emphasised that an issue by issue approach will not generally be adopted in assessing costs, 5 and I do not propose to do so in the circumstances of this case. While Mr Patterson, counsel for the defendant, suggests that the part...
...ruling we gave regarding this matter on 31 August 2012 [2012] NZREADT 53; but on 18 March 2013 we recalled our ruling of 15 March 2013 on the application of the appellant as we explain below. Our ruling of 31 August 2012 was that the appellant’s appeal to us about penalty was misconceived in treating the Committee’s directive about publication as a penalty order. That led to our decision of 15 March 2013 declining name suppression on the submissions then before us. [5] In an 18 Ma...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 3 READT 074/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN GARY AND VICKI WALLACE Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20006) First respondent AND MICHAEL AND SUSAN BAKER Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at AUCKLAND on 23 June 2014 D...