Search Results

1. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...and MC was required, under the CGA, to give SH the opportunity to remedy the issues. He was unable to do so because of the damage done to the dentures by MC. Referee: R Merrett Date: 29 May 2020 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

2. BC v ME & PI [2024] NZDT 186 (14 March 2024) [pdf, 211 KB]

   ...being a total of $7036.00. What were PI’s reasonable losses and who is liable to pay them? 24. For the reasons already outlined, PI’s claim is dismissed. Referee Perfect Date: 14 March 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

3. Ngāti Taimanawaiti Māori Incorporation - Lot 2 DP 29547 (9 Old North Road, Orewa) (2016) 135 Taitokerau MB 20 (135 TTK 20) [pdf, 196 KB]

   ...under review [8] On 4 May 2016, a Deputy Registrar wrote a letter to the applicants rejecting the injunction application. That letter states: 135 Taitokerau MB 22 Thank you for filing the above injunction application in our Auckland Information Office on 6 April 2016. Upon review of your application the following matters have been considered by the Court: (a) Does the Court have jurisdiction? (i) The land of which the injunction relates to is claimed as Lot 2 DP 2...

4. [2014] NZEmpC 212 Cudby & Meade Ltd v New Zealand Furniture, Manufacturing and Associated Workers’ Union Inc [pdf, 99 KB]

   ...[9] It is not without significance in terms of what has transpired subsequently in this Court that in its determination the Authority also saw fit to make the following observations: [4] During the Authority's investigation meeting I requested Mr Memelink to make arrangements to file the wage time and holiday 6 At [21]. 7 At [16]. 8 At [17]. 9 At [20]. records for Mr Stevens. He has explained this wou...

5. Stryder v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 125 (24 July 2024) [pdf, 220 KB]

   ...from the initial medical assessment and the functional capacity evaluation was that Mr Stryder was fit for his pre-injury employment as a chef. Weekly compensation ceased on 18 October 2010. [7] On 21 May 2019, Mr Stryder’s GP completed forms for assessing entitlement to a lump sum payment. The GP noted that Mr Stryder was suffering from PTSD and anxiety. Since these conditions were not covered injuries, he could not be assessed for a lump sum payment. However, the Corporat...

6. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...within 28 days. Reasons [1] MH claims that NB Ltd, represented by director EN, unsatisfactorily carried out repair work to her car, and claims $1,312.84 as compensation. EN denies liability. [2] MH’s case is set out in detail in her claim form. In summary, she said that she had taken the car in question, [the car], to NB Ltd’s premises on 15 March 2022, and had left it there with instructions that NB Ltd should install a new PCV valve, a new O2 sensor and windscreen wiper pivot...

7. SI & XQ v G Ltd [2022] NZDT 40 (14 February 2022) [pdf, 119 KB]

   ...so, what is the remedy and can the filing fee be recovered? What were the terms of the contract and was the contract frustrated? 4. There was no dispute that the terms of the contract agreed were set out in the client confirmation booking form of 14 January 2019. Nor was there any dispute that the terms provided that where the client cancels the contract deposits are non-refundable and where the cancellation is within 30 days of the event the full payment is not refundable....

8. MC v Q Association [2024] NZDT 317 (24 April 2024) [pdf, 214 KB]

   ...Association and were appointed as its representatives. Issues 10. The issues I need to determine are: (a) Did the Q Association engage MC to carry out work regarding the Extractor Fan in exchange for a fee so that there was a contract of service formed? If so, has the Q Association breached that contract by refusing to pay the Invoice? (b) If there was no contract of service, should the Q Association pay MC for the work he completed regarding the Extractor Fan under the law of q...

9. Compensation Guidelines for Wrongful Conviction and Imprisonment - Including Home Detention and Military Detention [pdf, 288 KB]

   ...extended to military detention, when imposed by the Court Martial. 8. I also propose that extension of the scheme should be backdated to 2007 for home detention (when that sentence was introduced) and to 2009 for military detention (when significant reforms to the military justice system came into force). 9. Including home detention and military detention is likely to result in a very small number of additional, successful claims – about 1 successful claim every 2-3 years for futur...

10. BN & NP v NT [2024] NZDT 316 (6 May 2024) [pdf, 237 KB]

    ...Further comments include: “At some stage the accessway has also been widened to allow for vehicles passing. This has resulted in an increase in low permeable area, and the grass swales have been flattened and filled with limestone, altering the performance of the stormwater controls.” 30. Of particular note, the Conclusions and recommendations section of the report of 03 August 2023 states: “Due to the nature of the site some stormwater run off is to be expected. However, we be...