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1. 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...

2. 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...

3. 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....

4. [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...

5. 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...

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. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2022] NZACC 218 [pdf, 215 KB]

   ...opinion, it was impossible to give a definitive opinion on whether Mr Jessup’s respiratory symptoms had been caused by chemical exposures during his time with the RNZAF. [40] Fourth, in March 2019, Dr Wong provided Mr Jessup with a blood test request form to assess his exposure to isocyantes, but, in May 2019, she reported that he had not performed the tests for isocyanate exposure. [41] In March 2020, Dr Monigatti, Occupational Physician, reported that when occupational asthm...

9. Hearn v Parklane Investments Limited [pdf, 39 KB]

   ...not for me to determine whether appeals are in or out of time nor to create uncertainty by not providing final decision on issues where appropriate. [48] I conclude that I do not have the powers to deal with matters in the way that the Council requests. If I did, there does not seem to be any good reason for changing the timing of the decision. Summary [49] In summary, this order makes no changes to the orders made against the third respondent, the Council. [50] Hayim...

10. Motor Vehicle Disputes Tribunal

    ...who have bought a vehicle from a registered trader – or from a trader that meets the criteria for registration but isn’t. You can look at the Motor Vehicle Sales Act to find out more about the definition of a trader. The Tribunal can only consider claims where the gross weight of the vehicle is less than 3,500 kilograms. It’s a good idea to read the Consumer Protection website It explains what to do if you have a problem and how to get it resolved. The Motor Vehicle Disputes Tribunal...

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