Search Results

1. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...

2. Guo v PwC (Discovery and Search Order) [2021] NZHRRT 22 [pdf, 349 KB]

   ...circumstances [5] The proceedings against PwC under the Privacy Act [14] The interlocutory applications filed by Ms Guo [15] PWC – THE DISCOVERY APPLICATION [21] The Tribunal’s power to order discovery [21] Pleadings – the statement of claim [25] Pleadings – the statement of reply [27] Assessment – the issues which will determine the scope of discovery [28] Whether formal discovery should be ordered [32] Reasons for formal discovery being ordered [36] Use of discov...

3. Motor Vehicle Disputes Tribunal

   ...read the Consumer Protection website It explains what to do if you have a problem and how to get it resolved. The Motor Vehicle Disputes Tribunal deals with disputes of amounts up to $100,000. It can be more if both parties agree in writing. What claims you can make Details and value of claims you can make and remedies available. Before you make a claim What to consider before making a claim. Make a claim Application form and fee required to make a claim. Responding to a claim Info...

   Located in:

   1. Tribunals

4. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...[2011] NZEmpC 160, [2011] ERNZ 466 at [26]. 6 Section 103A(5). 7 A Ltd v H, above n 5; and Angus v Ports of Auckland Ltd (No 2), above n 5. [14] The Trust requested that an order be made that there be no publication of the names or information identifying the person in care, her support worker, or the employee alleged to have committed the assault. The person in care is now deceased. None of those persons gave evidence at the hearing. [15] I agree that it would not be...

5. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...proved to be particularly complex. The constitution of the Court [10] The Court was co-chaired by Judge AHC Warren of the Māori Land Court who also holds an alternate Environment Court warrant, and Judge JA Smith of the Environment Court. They formed a court together with Commissioners S Myers and 5 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130. 6 McCallum Bros Limited v Auckland Council [2024] NZEnvC 75. 7 McCallum Bros Limited v Auckland Council [2024] NZEnvC 72.

6. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...were bound to refer any dispute in respect of the clause to arbitration. Following termination of Mr Bhikoo’s employment, he did not act in breach of the non-competition clause either in his capacity as a director/shareholder of SMHD or as a former employee. [7] There was disputed evidence in the Court hearing that Mr Bhikoo was supplied with an intended written agreement prior to commencement of employment. However, during the course of the hearing of the challenge, SMHD wa...

7. Gardiner v Corringe - Tauwhao Te Ngare Block (2008) 93 Tauranga MB 63 (93 T 63) [pdf, 4.7 MB]

   ...debt." [37] There are however other deftnitions of "demand", see for example in Jowitts Dictionary of English Law and the Encyclopaedic Australian Legal Dictionary which would seem to indicate that a "demand" signiftes a request or assertion of a legal right, addressed to a person to do or refrain from doing something or give something after request has been luade. Adopting those deftnitions the type of proceedings contemplated in this application fall outsi...

8. [2012] NZEmpC 130 CPC (New Zealand) Ltd v Dunlop [pdf, 77 KB]

   ...they were not breaching the terms of our employment agreement and our arrangements for a friendly exit. ... Therefore all the time and cost incurred for John [Tannahill] is a direct result of the other party’s failure to provide information as requested, and of course a function of their attempt to succeed with a substantial alternative claim. [7] Mr Parbhu also made a number of other allegations against Mr Dunlop and his counsel, Mr Tannahill, and he attached to his submission...

9. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...encountered difficulties starting the Car; with battery reliability; and with dashboard warning lights appearing. I accept ML’s evidence she obtained an initial diagnostic check some 5 days after purchase, which indicated a range of faults. This information was passed onto KD, however after some initial assistance, KD stopped responding to messages. ML sought legal advice and obtained a more detailed diagnostic report from DI. This noted cylinders misfiring and the need for alternato...

10. CL & HD v T Ltd & S Ltd [2023] NZDT 72 (14 February 2023) [pdf, 223 KB]

    ...report. I find that the cost of this report is a consequential loss claimable under the CGA in this case. Therefore, S Ltd must pay CL and HD, $20,348.30. Referee: Ms Gayatri Jaduram Date: 14 February 2023 Page 4 of 4 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...