Search Results

1. Kennedy v Scanner Investments Ltd [pdf, 169 KB]

   ...page 4 of 34 • Mr John Lyttle, the WHRS Assessor, called by the adjudicator; • Mr Stephen Cody, a team leader in the building consents division of the Council, called by the Council; 1.7 Mr Clive Lewis did not formally give evidence, but he had filed comprehensive submissions and expert observations prior to the hearing, and he did endorse these opinions whilst asking questions of the other witnesses. As none of the parties had any questions to ask

2. [2009] NZEmpC WC 3/09 Mana Coach Service Ltd V The Tramways Union [pdf, 18 KB]

   ...was not in all respects a test case but, rather, one in which some, but not all, of the legal principles were well established. The case had some factual complexity illustrated by the length of time required for the hearing. [3] The plaintiff claims that the union contributed unnecessarily to increased costs in the document disclosure exercises before the hearing. For the defendant, it was submitted that the company contributed unnecessarily to increased costs by opposing the admi...

3. 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

4. [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...

5. 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...

6. 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...

7. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...‘reasonable care and skill’ only requires that suppliers apply reasonable judgement, which in the case of diagnostic services, requires that they go with the probabilities, applying the most likely fixes first. 11. No independent evidence, in the form of other expert opinion for example, was provided by UI and II to show that D Ltd’s recommendation to replace the seals on the 13-year old car was unreasonable in the circumstances. Further, D Ltd state that the leak appears to have...

8. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...“ahs” in clause 8 has been changed to “has”. The date for payment has been changed to 16th May 2024. In all other respects the wording of the order remains the same. Referee: G R Meyer Date: 26th April 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 fo...

9. Q Ltd v UL [2024] NZDT 129 (12 March 2024) [pdf, 178 KB]

   ...lease terms. The amount due is higher than the jurisdiction of the Tribunal, however Q Ltd reduce their claim to stay within the jurisdiction of the Tribunal. 4. The matter was adjourned after the first hearing for the parties to obtain further information. When the hearing resumed, I was unable to contact UL. Calls went straight to voicemail. There were no further submissions from UL, and she had not been in contact with the Tribunal. UL had been informed of the date of the hearing. I w...

10. UM v BD [2024] NZDT 699 (15 November 2024) [pdf, 215 KB]

    ...after they declined to provide a replacement vehicle. I therefore find UM is entitled to a refund of 19 days hireage at $68.09 per day, which equates to $1293.71. Referee: DTR Edwards Date: 15 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 reh...