Search Results

1. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...claimed. [10] The appeal was founded on there being no financial outlay, but the services had to be “actual” to have any chance of coming within ss 121(1) and 80(1). There was no evidence whatsoever to suggest that the Corporation had ever formed the view that the services and attendances were not performed, and the wording of the standard form decision letters and the payment of attendant care by the same 3 caregivers for 18 of the appellants under the later legisl...

2. LN v N Family Trust and others [2023] NZDT 503 (18 September 2023) [pdf, 251 KB]

   ...possible to persons lawfully on the property. Any such entry does not authorise LN or any person to cut down, lop or injure any tree or shrub on [Address 1] without the consent of the N Family Trust. 11. LN is to keep the N Family Trust reasonably informed about the progress with the preparation for building the fence and should give The Trust at least three days’ notice before work commences. Reasons: 12. The parties are next door neighbours. LN owns and lives in [Address 2]...

3. LB v VB Ltd [2022] NZDT 123 (25 August 2022) [pdf, 106 KB]

   ...finance of $39,000 from NUG. The balance of the purchase price of $30,000 was noted on the sale document as being paid in cash, however LB claims he did not pay that amount and was to pay it off in instalments directly to VB Ltd. This arrangement was informal and is not recorded on any paperwork. 2. LB claims that after he had possession of the vehicle for approximately 6 months, he was pulled over by the Police and was told the vehicle was stolen. The matter was then investigated...

4. FH v UO Ltd [2023] NZDT 16 (25 February 2023) [pdf, 193 KB]

   ...Reasons 1. In 2021, FH bought tickets for a Guns n Roses concert from UO Ltd for $570.00. The concert was originally to be held in November 2021 but was postponed because of the Covid pandemic. The new date was 8 December 2022. FH had been informed by UO Ltd that she had a credit for the new date. In October 2022, FH tried to get her new tickets. They were not recorded on her account, and despite numerous attempts to contact UO Ltd, the company failed to respond. The date for the co

5. LI Ltd v OZ [2022] NZDT 34 (30 March 2022) [pdf, 202 KB]

   ...was unexpected, and the resultant impact was unavoidable. 10. For these reasons the claim is dismissed, and I have not discussed the other issues. Referee: N Gold Date: 30 March 2022 Page 3 of 3 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 r...

6. BD Ltd v N Ltd [2023] NZDT 165 (27 June 2023) [pdf, 92 KB]

   ...two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. A promise or agreement is not legally binding and enforceable as a contract unless the requirements for contract formation, including certainty of agreement, and consideration, are satisfied. In this claim, I find certainty of agreement and consideration were not satisfied. 7. I have considered the submissions and evidence presented by both parties. Timi...

7. DK Ltd v UT [2024] NZDT 338 (23 May 2024) [pdf, 91 KB]

   ...as best as he could recall with respect to this discussion, but I do not consider it supported, to any significant degree, the applicant’s version of what happened. 7) If there was no agreement to the level of a contract, even if verbal and informal, I need to also consider whether, for the purposes of the law of quasi-contract, there could be said to have been, objectively, a reasonable expectation by the applicant that he would be compensated for storage. Whilst the applicant migh...

8. Waitangi Tribunal - Part 1 Rangahaua Whānui District Auckland [pdf, 6.3 MB]

   ...... the mouth of the Waimata Rivet, justsouthofTe Poroporo (eapeTurnagain1,-­ extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres. 1 It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the. south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through th...

9. Cooper v Hamilton Pharmacy 2011 Ltd (Discovery) [2018] NZHRRT 28 [pdf, 267 KB]

   ...proving one of the exceptions in Principle 11, the Tribunal must then determine whether the disclosure constituted an interference with the individual’s privacy as defined in s 66 of the Privacy Act. That is, has the plaintiff established one of the forms of actual or potential harm contemplated by [s 66(1)]. The burden of proof reverts to the plaintiff at this stage. http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM296645#DLM296645 http://www.legislation.gov...

10. Scott v Accident Compensation Corporation (Deemed Cover, Personal Injury) [2023] NZACC 149 [pdf, 228 KB]

    ...February 2012. As for the decision regarding a lower back injury, while the Corporation revoked deemed cover for the general description of lower back injury, it confirmed cover for a contusion of the lower back. Background [5] An ACC injury claim form was completed by the emergency department at Dunedin Hospital on 18 February 2012. The diagnosis description on the claim form was: Dislocation, sprain and strain of unspecified joint and ligament of trunk – left side. [6] The d...