Search Results

1. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...not become one of the directors of BMW until he took over the business some years later. [40] The contemporaneous notes that Mr Madden made of the initial and subsequent meetings with Mr McTague and the material provided by Mr McTague which formed the basis for the documents prepared at Capon Madden, all show a commencement date for the operations of BMW as 1 June. Further, the cash flow projections provided by Mr McTague to Mr Madden, which showed a substantial turnover for a s...

2. [2016] NZEmpC 77 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 301 KB]

   ...to disclosure of documents about support or funding of Ms Alim’s litigation; those directions were given in interlocutory judgment (No 6). 2 [12] I requested counsel for Ms Alim to consider these issues, and advise whether the requested information was able to be filed and served as soon as possible without further directions from the Court. I said that if this did not occur, then I would consider any necessary application. [13] On 12 February 2016, Mr O’Brien objected to t...

3. [2022] NZACC 4 – CJ v ACC (18 January 2022) [pdf, 219 KB]

   ...Hearing: 13 December 2021 Held at: Auckland/Tāmaki Makaurau Appearances: B Hinchcliff for the appellant F Becroft for the Accident Compensation Corporation Judgment: 18 January 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury caused by physical injury – s 26(1)(c) Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 14 September 2020. The Reviewer dismissed an application for review o...

4. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   ...continue constructive discussion and a sharing of ideas. At the centre of any major consideration for the improvement of race relations is the Treaty of Waitangi. It marked the beginning of nationhood and lies at the heart of many Maori grievances and claims of injustice.” The President of the Court of Appeal, Sir Robin Cooke, in the Court’s judgment on the case in 1987 arising from the State-Owned Enterprises Act 1986, made the following comment : Impact of Treaty on Government A...

5. Smith v Accident Compensation Corporation (Personal Injury) [2023] NZACC 98 [pdf, 194 KB]

   ...for surgery, and the application was subsequently approved by the Corporation. [11] In 2001/2002, Mr Smith indicated that he intended to apply for backdated weekly compensation. [12] On 30 January 2002, the Corporation provided an application form for weekly compensation to Mr Smith. 3 [13] In February 2002, Mr Smith had a below knee amputation of his left leg. Mr Smith received various entitlements, including funding for modifications to his house. [14] In March 2002, M...

6. National Standards Committee v Poananga [2012] NZLCDT 12 [pdf, 292 KB]

   ...were signed by claimants, including: 11.1. an Authority to Act; and 11.2. a Legal Aid application. Completion of Legal Aid applications 12. It was the usual practice in the chambers for the secondary provider to arrange to have the legal aid form filled out by the claimant. The secondary provider (or another suitably qualified person) then attested and dated the signature of the claimant after he or she (the claimant) had signed. They did so as a witness to the claimant's si...

7. C Ltd v TI [2023] NZDT 202 (27 April 2023) [pdf, 118 KB]

   ...have thought Large Peony (or any large check fabric) was wanted by TI. She was consistent in her wish for a small check fabric, the same as her existing fabric. 12. After review of all of the email evidence, I am of the view that the contract was formed and TI’s order was placed via the email communications and that it was not unreasonable given that she had communicated her wish that a small check fabric be ordered, that she simply paid the invoice when it arrived, after she had pla...

8. Form-210-Application-for-eviction-warrant-FINAL-9-December-2024.pdf [pdf, 354 KB]

   MOJ210/10/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 12 When should I use this form? Use this form if the following applies: • you have a Tenancy Tribunal order saying that possession of residential premises is to be returned to you by a specified date but the respondent has not yet done this, or • you have a Tenancy Tribunal order or Mediator’s order saying that possession of a residential premises is to be returned t...

9. [2014] NZEmpC 94 Lund South Limited v Low [pdf, 75 KB]

   ...defendant did not need to press his application for an urgent hearing. [5] However, that meant that the challenge would not be resolved prior to the Authority’s investigation meeting unless the investigation meeting was deferred. Counsel were requested to liaise promptly with the Authority and advise the Court as to whether or not the currently scheduled investigation meeting should be deferred to allow the Court first to resolve the challenge. [6] On 21 May 2014, the defendant...

10. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

    ...at: Wellington/Whanganui-a-tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cost of treatment – Schedule 1, cl 1-2, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 2 June 2021. The Reviewer dismissed an application for review of t...