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1. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

   ...advised the Court that the plaintiff would not be filing any closing submissions and the following day he advised the Court that the matter could be dealt with on the papers without a further hearing. I now proceed to deal with the matter as counsel requested, having derived much of the factual background from Mrs Kirkley’s briefs of evidence. Factual background [8] Mrs Kirkley joined the plaintiff in November 2002 with a background of working as a practice manager in a medic...

2. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...September 2016. However, at Ms He’s request, she submitted a new report calculating commission at five per cent of sales. In my view, while she was reluctant, she accepted a commission of five per cent of sales and provided monthly reports and claims on that basis for October, November and December 2016 and January 2017. [19] For October 2016, Ms Wei was paid a fixed amount of $3,750 (less tax) plus an amount of $5,097.21 that, together, added up to $8,847.21, the same amount as t...

3. Wanoa v Wanoa - Succession to Rawiri Wanoa [2023] Chief Judge's MB 186 (2023 CJ 186) [pdf, 528 KB]

   ...would be granted only a life interest in his father’s estate. However, the will which was executed by the Court in 2015 gave his mother sole ownership of the whenua Marangairoa A56, which was left to his father by his grandmother. Christopher requests that the Court correct the succession orders vesting Marangairoa A56 solely in Faith. He invokes s 108(4) of the Act which states that only a life interest in Māori Freehold Land may be passed to a partner or spouse, as well as s 10...

4. [2021] NZACC 106 - Panui v ACC (28 July 2021) [pdf, 620 KB]

   ...occurred on 15 January 2018. [2] On 24 January 2018 Mr Heiss-Dunlop signed an ACC form stating that Mr Panui had suffered a treatment injury. He also wrote an accompanying letter to the Accident Compensation Commission (‘ACC’) supporting a claim for a treatment injury. Mr Heiss-Dunlop’s view was that the infection that led to the amputation was most likely from an attempted elbow joint fusion performed in September 2016. [3] ACC’s view is that the 2018 infection was...

5. NS v L Ltd [2024] NZDT 5 (30 January 2024) [pdf, 122 KB]

   ...has passed, his claim for a refund must be dismissed because the vests he received matched the description L Ltd provided and were fit for purpose. Referee: P McKinstry Date: 30 January 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 r...

6. ZE v NE [2022] NZDT 90 (26 August 2022) [pdf, 177 KB]

   ...Page 2 of 3 8. For these reasons I find that NE was not negligent and is not responsible for the cat’s distressing injuries nor the costs to treat them. Referee Perfect Date: 26 August 2022 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 rehe...

7. DQ v BH [2024] NZDT 810 (15 November 2024) [pdf, 91 KB]

   ...salvage amount obtained for the wreck. 2. The dispute centres around the pre-accident value PAV) used in J Ltd’s calculations. The vehicle was insured with an ‘agreed value’ of $2750.00 and the assessor has noted on the repair assessment form that PAV is $2750.00. An ‘agreed value’ for insurance purposes is not necessarily the same as a market value, and it is market value just prior to the collision that is used for an accurate measure of damages resulting from negligence....

8. Hearn v Parklane Investments Limited [pdf, 45 KB]

   ...comply with an order for discovery, a notice for further particulars, a notice for interrogatories, or other similar requirement under these rules; or (v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 14.10 or some other offer to settle or dispose of the proceeding; … 24. The claimant states that items (i), (ii) and (iii) above cover the Council’s behaviour in question. 25. The claimant also refer...

9. Form-32_Family-Invoice_Care-of-Children.pdf [pdf, 222 KB]

   Version 21 – October 2023 page 1 10/23 form 32 Tax Invoice Family Legal Aid Fixed Fees Care of Children/Guardianship Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final inv...

10. Form-34a_Family-Invoice_Maintenance.pdf [pdf, 225 KB]

    Version 21 – October 2023 page 1 10/23 form 34a Tax Invoice Family Legal Aid Fixed Fees Maintenance Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final invoice Please rec...