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1. FP v UW LCRO 225 / 2010 (11 October 2011) [pdf, 99 KB]

   ...These included: the facts the issues potential causes of action strategy costs. [30] UV made a file note of the content of that discussion which UW referred to at the hearing. A copy of that file note was provided to me at my request following the hearing. The file note is in UV’s handwriting and it is apparent that it was made as the discussion proceeded, as the content is in some cases abbreviated. Nevertheless the file note is a useful record of what was dis...

2. LC v NS [2023] NZDT 220 (18 April 2023) [pdf, 95 KB]

   ...insufficient basis to calculate any loss, as is a comparison to what they would have cost new and complete. 11. The claim would have failed on this basis also. Referee: A Hayes Date: 18/4/23 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...

3. N Ltd v P Ltd [2024] NZDT 751 (13 September 2024) [pdf, 208 KB]

   ...rebate of $3,300.00 for disruption to its business. P Ltd disputes the claim. 2. The relevant provision in the lease is ‘Partial Destruction’ which says at 27.1 3. If the premises or any portion of the building of which the premises may form part shall be damaged but not so as to render the premises untenantable ... the landlord shall with all reasonable speed expend all the insurance moneys received by the landlord in respect of such damage towards repairing such damage or rein...

4. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...primarily relied on the tort of trespass. In such a case, a plaintiff must satisfy the Court that there has been an unjustified direct interference with its land; such a claim is actionable per se without proof of actual damage.15 [64] A legitimate request was made in the letter from Wendco’s lawyer of 25 May 2018 to Unite, and in notices that were sent to staff and displayed for them to view. [65] Unite contests whether evidence provided by Wendco to the Court in the form of p...

5. Te Whare Maire Trust - Lot 5 DP 8663 (2005) 87 Ōpōtiki MB 238 (87 OPO 238) [pdf, 3.9 MB]

   ...along with various other Waiotahi blocks. As a result the Registrar was unable to produce a report for Section 11 in the Parish of Waiotahi regarding the historical chain of title. By this date the Court had before it the original application and a request for joinder by Mr Toby Wikotu and the Upokorehe Incorporation. For the avoidance of doubt as to who were the applicants, an order was made under section 71/93 recognising the status of the different applicants before the Court. Min...

6. Emtage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC166 [pdf, 288 KB]

   ...Chiropractic or fucken ane ... I don’t care. Whatever I can get in to see ... will keep you updated ... Docs at 12.15. … 2 weeks...got cert. Booked in for xrays and physio ... ffs” [5] On 6 May 2019, Dr Kamali completed an ACC injury claim form, giving the description of injury as: “Got hit by a heavy bar of the truck while emptying bin – paid work – impact with a sharp object.” Dr Kamali recorded the accident date as 3 April 2019. Dr Kamali’s diagnosis was con...

7. [2014] NZEmpC 231 Premier Events Group Ltd and Anor v Beattie and Ors [pdf, 685 KB]

   ...claims against Malcolm Beattie and Patricia Panapa for breaches of contractual restraints of trade are dismissed. B Premier Events Group Limited’s claims against Mr Beattie for breaches of contract and in equity for misuse of confidential information, and breach of duties of fidelity and maintenance of trust and confidence, succeed and questions of remedies are adjourned for subsequent hearing and decision if necessary. C Premier Events Group Limited’s claims for penal...

8. 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...

9. W v EQC [2021] CEIT-2019-0007 [pdf, 820 KB]

   ...and Mrs W seek an order from the Canterbury Earthquakes Insurance Tribunal (Tribunal) to reopen the settlement agreement between them and the Earthquake Commission (EQC) dated 19 August 2020 (Settlement Agreement). [2] The application takes the form of a Memorandum of Counsel and is now supported by an affidavit from Mrs W. EQC, in turn, has filed a Memorandum of Counsel, now supported by an affidavit from Mr West, opposing the application. The W’s have replied to that Memorandu...

10. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

    ...thought that the next step in the proceeding was to be taken by the Company and was waiting for that to happen. She also says that she was unable to pay a lawyer for advice. What any explanation must overcome is the fact that the notice which forms part of the statement of claim specifically advised Ms Little of her obligation to file a statement of defence within 30 days. While I accept that Mrs Little genuinely held the mistaken belief she refers to, it suggests that she failed t...