Search Results

1. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...accident/injury suffered to the right arm and elbow on 16 August 2017. [3] The Corporation’s position is that the weight of medical evidence does not establish the conditions are injury related Background [4] On 6 September 2017, an ACC injury claim form was filed by physiotherapist, Mr Fawcett, for a strain of the right elbow/forearm sustained on 16 August 2017. The description of accident was: Was sawing up fallen tree branch and felt pain around elbow area. [5] The claim w...

2. Cue v Accident Compensation Corporation (Personal Injury) [2025] NZACC 095 (10 June 2025) [pdf, 181 KB]

   ...Surgeon, having examined Mr Cue, reported some delaminating tears in the supraspinatus running horizontally through the tendon with thickened bursa overlying. [13] On 27 January 2022, Ms Anna Preston-Thomas, Physiotherapist, provided a report at the request of the Corporation: Does the information available suggest the client sustained subacromial bursitis as a result of his accident on 25/02/2020? No. Subacromial bursitis (inflammation and/or thickening of the subacromial bursa...

3. Unnikrishnan v Goldsmith [2017] NZIACDT 22 (29 September 2017) [pdf, 234 KB]

   ...he did not need to declare a drink driving conviction to Immigration New Zealand, and then she submitted a work visa application saying he had no convictions. Accordingly, Ms Goldsmith gave wrong advice and then provided false and misleading information to New Zealand. [2.3] Ms Goldsmith failed to complete the process required for client engagement, including obtaining a complying written agreement, she also altered an immigration form after her client had signed it which is an...

4. Howard v Accident Compensation Corporation (Late appeal to the High Court) [2023] NZACC 25 [pdf, 337 KB]

   ...period between 26 November 2010 and 9 April 2012 and asked the Corporation to “issue an ACC written decision”. [16] On 21 September 2021, the Corporation replied to Mr and Mrs Howard: ACC’s position is that the weekly compensation you have requested has already been the subject of previous review and court decisions. This weekly compensation is also subject to the full and final settlement agreement which you signed 30 July 2021. Therefore, ACC will not be issuing any furth...

5. BQ OQ v ET [2023] NZDT 242 (13 April 2023) [pdf, 241 KB]

   ...the amount claimed proved and reasonable? CI0301_CIV_DCDT_Order Page 2 of 7 Did ET breach the terms of the rental contract she had with BQ and OQ regarding the Property? 6. The law of contract applies to this claim. A contract is formed when one party accepts another party’s offer and certain requirements are met. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means...

6. Gibson v Police [2025] NZHRRT 40 [pdf, 229 KB]

   ...person becomes bound by it immediately upon being served with it.7 The effects of the PSO include that the person bound by it must immediately vacate any property occupied by a person at risk and they must not engage in any behaviour that amounts to any form of family violence against a person at risk, or make any contact with that person except for authorised contact as defined.8 [15] Section 55 of the FVA provides as follows: 55 Police safety order: Police employees, etc, protected from pr...

7. BD and CD v U Ltd [2023] NZDT 199 (13 April 2023) [pdf, 190 KB]

   ...be reimbursed for the success fees paid while he was a minor. 4. The issue to be resolved is whether U Ltd is entitled to keep the success fees paid by a minor. Is U Ltd is entitled to keep the success fees paid by a minor? 5. A contract is formed when two parties exchange promises that they agree to be bound by. In this case, CD promised he met the membership criteria and U Ltd granted him access to its online auction platform. There is no dispute that CD did not meet the U Ltd me...

8. D Ltd v NM [2024] NZDT 268 (3 April 2024) [pdf, 122 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 7. I accept the comparable invoices from similar jobs carried out by D Ltd. They are consistent in pricing with NM’s job. Referee: S Connell Date: 3/4/2024 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...

9. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...know the extent of the case he has to answer. [2] The determiner of relevance in any proceedings is the pleadings. Although similar causes of action against the Whanganui District Health Board (the Board) have now been settled with Mr Musa, its former Chief Executive Officer (CEO), claims for penalties for breach of a settlement agreement and for breach of his employment contract are still for hearing against the second defendant who is and was at all material times a m...

10. [2011] NZEmpC 175 Maynard v Bay of Plenty DHB [pdf, 105 KB]

    ...between the parties, the relevant content of which is outlined further on in the judgment. [10] The plaintiff claims a personal grievance for unjustified dismissal, which met the statutory requirements, was raised on her behalf. Alternatively she requests that the Court grant leave for her to raise a personal grievance out of time due to exceptional circumstances. Statutory requirements for raising a personal grievance [11] Section 114(1) of the Employment Relations Act 2000 (th...