Search Results

1. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...little damage but the galvanised post had to be replaced. That was the incident resulting in Mr Jonas’ dismissal. [10] Prior to the incident Mr Jonas appears to have had concerns about congestion in Pacific’s yard. The Court was not informed about the type of truck he drove while working for Monex but in evidence, which was unchallenged, Mr Jonas said that when he was making the deliveries for Menefy, he became concerned because, “the site was very tight for me to g...

2. [2022] NZACC 193 – Fuller v ACC (4 October 2022) [pdf, 240 KB]

   ...accident, and was granted cover for “sprain knee and leg knee right”. [8] On 23 February 2005, Professor Stuart Heap of a radiology centre reported results of the examination of Mr Fuller’s right knee. The report noted minor 3 osteophyte formation and confirmed the impression as “general degenerative change but this is particularly affecting the medial joint compartment”. [9] On 13 April 2005, Mr Mark Clatworthy, Orthopaedic Surgeon, reported to Dr Farmer. Mr Clat...

3. DN v Accident Compensation Corporation (Jurisdiction) [2023] NZACC 75 [pdf, 164 KB]

   ...injury and post-traumatic stress disorder suffered in a sexual assault on 22 April 2011. [3] The appellant also has cover for a concussion injury and a traumatic amputation of the right finger suffered in an accident on 26 February 2011. [4] The claim for cover for the physical injury suffered in the assault was made by the appellant on 16 January 2013. ACC approved exploratory surgery on 9 May 2013. [5] ACC subsequently granted cover for post-traumatic stress disorder. Howeve...

4. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...In the first part of her document, Ms Packwood says that false evidence was given to the Authority by two members of ANZ, and that what she described as new evidence was also presented at that hearing. She also says that evidence which she had requested from ANZ, which she says would have absolved her, was never given (because that point was not reached). [31] Then, responding to the strike out grounds raised by ANZ, she referred to the events that occurred on the second day of th...

5. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

   ...charged) and a visit carried out in 2022 will need to be the subject of a separate claim as they had not been lodged via a counter-claim for today’s hearing. Referee Perfect Date: 20 December 2022 Page 2 of 2 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 reh...

6. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 165 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

7. HB- & UB v KN [2023] NZDT 49 (9 February 2023) [pdf, 200 KB]

   ...against KN is dismissed. It may be that the applicants consider they have claims against other parties. But that is a matter for the applicants to pursue. Referee: Souness - DTR Date: 9 February 2023 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 re...

8. V Ltd v BT [2023] NZDT 370 (11 May 2023) [pdf, 133 KB]

   ...through implied consent? • If so, what is BT liable to pay? Did BT agree to the clawback terms through implied consent? 8. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. A party can be considered to have agreed to contractual terms by their conduct. 9. I find that BT did agree to the clawback terms through implied consent. 10. This is for the fo...

9. KW & TW v S Ltd [2024] NZDT 824 (17 October 2024) [pdf, 218 KB]

   ...are not stated, nor is the evidence upon which he based his opinion. I am therefore not persuaded that the assessment of poor paint quality and poor application can be relied upon. 8. The door manufacturer did not view the doors but provided information on how they should be painted. SM and NM, directors of S Ltd, state all such manufacturers’ recommendations are followed. There is no evidence the recommendations were not followed, nor any evidence the doors themselves are defecti...

10. M Ltd v Q Inc [2024] NZDT 743 (28 November 2024) [pdf, 196 KB]

    ...strictly commercial aspects of the agreement, until its expiry. I see no basis for upholding this, or any other part of the applicant’s claim. Referee: G.P.Rossiter Date: 28 November 2024 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...