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1. SU v G Ltd [2024] NZDT 259 (6 March 2024) [pdf, 111 KB]

   ...stress on the new part which caused it to fail after only 2 years and 9 months of use. TT acknowledges that the 2020 Element failed prematurely and ought to have lasted longer than it did. 12. Having carefully considered the available evidence and information, and having heard from the parties, I find that SU has proved on the balance of probabilities that the 2020 Element was not of acceptable quality, but he has not proved on the balance of probabilities that the Cooktop was not of...

2. JD v ACC (Leave to Appeal to the High Court) [2024] NZACC 62 [pdf, 210 KB]

   ...is an application for leave to appeal against a judgment of Her Honour, Judge Henare, delivered on 12 December 2023.1 At issue in the appeal were the applicant’s head injury and entitlement to weekly compensation for incapacity dating back to claims in March 1996 and February 2008. The Court dismissed the appeal, for the reasons outlined below. 1 JD v Accident Compensation Corporation [2023] NZACC 202. 2 Background [2] The applicant was granted cover for contusions...

3. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

   ...and is not intended to be a full record of the hearings or of the evidence presented. Was asphalting done with reasonable care and skill, and is the asphalt driveway of acceptable quality? 7. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms which they intend to be legally binding. Contracts often have both express terms agreed between parties, and implied terms. The Consumer Guarantees Act 1993 (“CGA”) implies minim...

4. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...appointed counsel, Mr M, for NE. Mr M reported to the Court on 27 March 2018. He sought to obtain financial records from IE but at that stage IE told him that they would not be provided. Mr M then requested the Court to order IE to provide that information. It then transpired that IE had not kept adequate records. He has submitted in these proceedings that he was advised by X Ltd that he need not keep records of his expenditure. By not keeping records, he states that he was u...

5. Form-23_Criminal-Fixed-A-C.pdf [pdf, 213 KB]

   Version 21 – October 2023 page 1 10/23 form 23 Tax Invoice Criminal Legal Aid Fixed Fees Schedules A-C Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Customer Lead provider Law firm Provider number Firm number Court type District Court High Court Court location Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus:...

6. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

   ...on completion. The Council also carried out inspections of the building works from time to time and recorded those inspections, including any requisitions, in Site Inspection Reports. 6 [15] During the course of construction the Claimant requested RBD to change the cladding of the unit from weatherboard to brick veneer and RBD agreed to the Claimant’s request. [16] Following a meeting between Eastwood, Holmes, RBD and Graeme Jacobs on or about 18 May 1998 to discuss ho...

7. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...of the administration of the estate. In particular the estate had significant holdings in securities (such as shares, debt securities and unit trusts). It was the view of Mr Shrewsbury that it was negligent of Mr Rothesay not to accede to a request to distribute those shares to the beneficiaries as requested at the commencement of the administration. In the alternative it was argued that if it was not negligent to refuse to distribute the shares and it was proper for the securiti...

8. Taylor v Corrections (Strike-Out Application) [2021] NZHRRT 1 [pdf, 139 KB]

   ...parole eligibility. 1 [This decision is to be cited as Taylor v Corrections (Strike-Out Application) [2021] NZHRRT 1.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 [2] On 10 March 2017 Mr Taylor requested the Parole Board to provide him with an audio copy of the telephone conversation between him and his friend. This request was transferred to the Department of Corrections (Corrections). [3] Mr Taylor alleges that his request was not...

9. [2022] NZACC 69 – Coakley v ACC (28 April 2022) [pdf, 190 KB]

   ...CORPORATION Respondent Hearing: 20 April 2022 Held at: Auckland/Tāmaki Makaurau Appearances: M Williams for the appellant K Feltham for the respondent Judgment: 28 April 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury - s 32, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 20 April 2020. The Reviewer dismissed an application for review of the Corporation’s decision dated...

10. Hill v Whimp [pdf, 158 KB]

    ...the question of quantum would be put aside at that stage and that I was to give my determination only on the question of liability, with the parties then deciding what steps might follow that decision. Accordingly Mr Taylor’s evidence has not formed part of this determination. [8] It should also be recorded that at the hearing I obtained the consent of the parties to a reasonable extension to the timing of the completion of this determination, pursuant to s 40(1)(b) of the Act....