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1. Van Wey Lovatt v Accident Compensation Corporation (Costs) [2024] NZACC 171 (29 October 2024) [pdf, 234 KB]

   ...Application was frivolous and devoid of any merit. No question of law arose that was capable of bona fide and serious argument. [3] Dr Van Wey Lovatt concedes that the change in the District Court Rules effective from 1 September 2024 makes her request for leave to appeal moot. Nevertheless, she submits that the Application was made in good faith before the Rules were changed and submits that no costs award should be made. In this regard, she relies on r 14.7(d), (e) and (f) of the...

2. Howell v Accident Compensation Corporation [2025] NZACC 6 (Jurisdiction) (13 January 2025) [pdf, 168 KB]

   ...which relate to the procedural history of the claims– [5] Ms Howell suffered an injury at work in 2012. A claim for a lumbar/sacroiliac ligament sprain was lodged. [6] Ms Howell had an anterior interbody fusion of L5/S1 in October 2013, performed by Mr Rowan Schouten. [7] In February 2017 Ms Howell had a supplementary posterolateral fusion with fixation with pedicle screws. [8] On 2 March 2018 the Corporation declined Ms Howell’s treatment claim for anterior lumbar inter...

3. LCRO 197/2013 RN v WB (7 August 2017) [pdf, 134 KB]

   ...WB’s conduct and fees was not necessary or appropriate. Background [2] Ms RN separated from her husband in March 2008, and in January 2009 instructed Ms WB to act for her. Ms RN was facing two issues: a potential claim against her and her former husband for a debt to a family trust (the trust) that may or may not have relinquished all of its interests in the family home to Ms RN and her husband while they were married; and the identification and division of property between M...

4. LCRO 57/2018 G RC and D RC v YS (30 April 2019) [pdf, 335 KB]

   ...available”. [23] The Committee concluded that Mr YS “acted appropriately in the termination of the retainer” having received the report from Dr EF, who had been appointed by the Family Court, to assess Mrs RC’s mental capacity. (2) Request for Mrs RC’s files, records (a) Mr G, as attorney [24] The Committee accepted that “it was arguable” that Mr YS “was entitled to refuse to provide” Mrs RC’s files to Mr G when Mr G’s conduct, as Mrs RC’s attorney, wa...

5. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

   ...There is no legal basis to require Q (2021) Ltd or D Ltd to refund C Ltd the purchase price of the trailer. 53. Therefore, the claim must be dismissed. Referee: Nicholas Blake Date: 27 July 2023 Page 6 of 6 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. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...cladding, including chimney, fire wall and barge junctions, were constructed with harditex. The wall between the two houses is of course a fire wall. [27] On 20 September 2002 Europlast Finishes Limited (Europlast) issued a coating compliance form confirming that the polyclad flashings had been installed to specifications. A Code Compliance Certificate was issued by BBC on 11 September 2003. Page | 9 A warranty in respect of both townhouses was issued by Fosroc on...

7. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

   ...“security interest” (1) In this Act, unless the context otherwise requires, the term security interest— (a) Means an interest in personal property created or provided for by a transaction that in substance secures payment or performance of an obligation, without regard to— (i) The form of the transaction; and (ii) The identity of the person who has title to the collateral; and (b) Includes an interest created or provided for by a transfer of...

8. LCRO 20/2019 OT v GA (25 January 2021) [pdf, 171 KB]

   ...[XYZ] and Mr OT, however, did not accept either of these reconciliations and, although a number of minor matters that had been referred to in the reconciliation documents have now been resolved, the principal issue affecting matters concerning the claim to the oral variation of the ASP remains outstanding. … [32] The claim by [XYZ] and Mr OT to an oral variation of the ASP is described in para [57] of the defendants’ pleading as follows: 57. [The defendant] denies para 57 and s...

9. ET v XS [2020] NZDT 1450 (16 October 2020) [pdf, 99 KB]

   ...Forex software from XS, who was acting as an agent for BQ, a US-based company, after communication between the two on a Facebook page for [Redacted] investors in New Zealand. ET became interested in forex trading using the software after XS posted information about it on the Facebook page in January 2020. However ET did not have money to set up a trading account until April 2020, at which point he purchased the software from BQ in the US and at the same time put NZ$3408.10 into a trading...

10. KS v OT Ltd [2020] NZDT 1406 (17 December 2020) [pdf, 129 KB]

    ...misleading. However, even if that is so, it did not cause KS’s loss. 10. For these reasons the final issue need not be considered, and the claim is dismissed. Referee: K Rendall Date: 17 December 2020 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...