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  1. Savage v Accident Compensation Corporation (Revision of Decision under former Act) [2023] NZACC 203 [pdf, 161 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 203 ACR 199/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GRAHAME SAVAGE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 December 2023 Held at: Auckland/Tāmaki Makaurau Appearances: The Appellant is self-represented H Ifwersen for the Accident Compensation

  2. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

    ...where appropriate. 1.6 It has been necessary to hold three preliminary conferences and issue nineteen Procedural Orders prior to the conclusion of the hearings. These Orders were needed to set down timetables, and to rule on applications and requests made by the parties in the lead-up to the hearings. Although these Procedural Orders are not a part of this Determination, they are mentioned because some of the Claim 027 – Ponsonby Gardens – Unit 2 page 4 of 121...

  3. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

    ...conflict was their different perceptions of who was responsible for individual patients. Ms Clear believed that patients were “hers.” From Mrs Parata’s point of view, generally the patients were cared for by a team of midwives unless one requested a particular midwife to care for her. This led to mutual antagonism. [25] Midwives who had worked at the Tokoroa Maternity Ward from the 1970s onwards gave their views about this relationship and the working environment. Whi...

  4. J Ltd v XY [2025] NZDT 31 (16 January 2025) [pdf, 98 KB]

    ...$2,500.00 plus GST. 2. Two weeks later, KC contacted ST, the sole director and shareholder of G Ltd, a business that had been sold to ST through KC’s agency in 2006. ST signed an expression of interest in XU’s business and met with XU. However, ST informed KC by email that XU preferred a cash buyer to a deferred settlement, and ST would not be in a suitable financial position for a couple of years, so “I think you should go and look for a cash buyer for XU and keep me as a Plan B o...

  5. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

    ...hearing I was told that neither Mr Townsend nor Counsel had been aware of the company’s removal, and steps were being taken to have the company reinstated on the Register. Therefore, I am proceeding on the assumption that JTL is still a legally formed and registered company 3.8 The ninth respondent is Mr Peter Townsend, who is a director of JTL. The Owners claim that Mr Townsend has a personal liability for the claims that they have made against JTL. I will need to determine...

  6. SH v TS [2021] NZDT 1656 (27 October 2021) [pdf, 179 KB]

    ...liable to contribute in equal proportions to work on a fence.” 4. The provision of the Act that is relevant is section 10. Under section 10 an occupier who wishes the adjacent occupier to contribute to the fence “shall serve him a notice in form 1 of Schedule 1 or to the like effect.” 5. Where immediate work is not required section 10(4) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to the co...

  7. Theobald v Coulter [pdf, 170 KB]

    ...0300-Theobald page 1 of 35 TABLE OF CONTENTS Page 1. BACKGROUND 2 2. THE PARTIES 3 3. CHRONOLOGY 5 4. THE CLAIMS 5 5. FACTUAL ANALYSIS OF CLAIMS 7 Finish at Base of Wall Cladding 8 Installation of Flashings at Windows 9 Finish to Top of Parapets 10 Plaster Finish to External Corners 11 Ceiling in Bedro...

  8. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

    ...apologised. [26] He says upon Mr GC’s subsequent retirement as a partner, and the Official Assignee later “becoming aware of the missing files/transactional information”, those responsibilities fell to him. He says he provided the information requested to the Official Assignee upon discovering Mr GC had not done so. (2) Application of funds received [27] Mr KY submits that following the demand made by the barrister in August 2013 for payment of outstanding fees, his “in...

  9. HI v TN [2022] NZDT 53 (11 January 2022) [pdf, 200 KB]

    ...claims, was found after the sale to have substantial defects. HI alleges that TN misrepresented the condition of the vehicle, and claims compensation for repairs and resulting expenses. [2] HI, a motor vehicle trader of some 30 years experience, was informed in August 2021 by a person he knew that TN had a 2004 Ford Falcon for sale. HI, who was based in [City 1], phoned TN, who was in [City 2], to discuss the car. They agreed on a price of $18,000.00, and the car was delivered to [City...

  10. NI v QQ Ltd [2023] NZDT 577 (26 November 2023) [pdf, 187 KB]

    ...NZDT 577 APPLICANT NI RESPONDENT QQ Ltd The Tribunal orders: QQ Ltd is to pay $873.83 to NI by the 18th December 2023. Reasons 1. In January 2021 NI and [his wife] entered into a contract with QQ Ltd in the form of an Agreement for Sale and Purchase to buy a section and a building contract for a completed building on the land. The contract provided for a completion date to be “16-20 weeks after the floor is laid.” Settlement was to be upon the...