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1. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 KB]

   ...assault, when she was pushed downstairs and kicked in the back. She suffered bruising in that accident but no fractures.1 [6] In early 2001, Ms Henderson contacted the Corporation to seek entitlements on her 1982 and 1998 injury claims. Medical information was obtained by the Corporation, which included several reports from Mr Gordon Howie, Orthopaedic Surgeon, who had treated Ms Henderson from February 2001 onwards. [7] On 21 May 2001, Mr Howie, having reviewed Ms Henderson...

2. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...she told the Tribunal had a blank space at the bottom where the vendor’s solicitor would sign, date and return them to Harcourts. [19] Ms Whitney told the Tribunal that she did not hear from Mr Naidu and asked Mr Kumandan to get the confirmation forms signed. She said “he told me that he was going to see Mr Naidu and so would get them signed”. She said that one or two days later Mr Kumandan returned the two files to her with the signed acknowledgements – these documents are Ex...

3. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...this reason told him that he would not be required to work out the period of notice. [2] Mr Hook contends that he was constructively dismissed. Mr Hook filed a personal grievance with the Employment Relations Authority (the Authority) claiming unjustified constructive dismissal, together with a claim for unjustified disadvantage. His grievance was dismissed. 1 The claim [3] Mr Hook has challenged the Authority’s determination on a de novo basis. The sole relief...

4. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...that although there were pre- existing issues with the Trailer, these did not cause or contribute to the Event, rather, the bolts sheared off when the Trailer jack-knifed into the Ford. 12. Having carefully considered the available evidence and information, I find that HM has proved, on the balance of probabilities, that B Ltd breached the duty it owed him by not taking reasonable care with the Trailer (ie B Ltd was negligent), and this caused the damage to the Ford. I make this findin...

5. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...on the particular points which needed further evidence. For the purposes of the unions’ challenge, Te Whatu Ora had filed an affirmation from Ms Vant, its junior counsel. She outlined the process that had been undertaken and provided some information as to why the public interest privilege had been claimed. At the hearing, senior counsel for Te Whatu Ora, Ms Casey KC, told the Court the defendant would be prepared to file further evidence elaborating on certain paragraphs of Ms...

6. LT v TU Ltd NZDT 1363 (4 December 2019) [pdf, 206 KB]

   ...Ms T’s quite justified choice to look after a child rather than move her car, at the expense of the other party that had nothing to do with that situation. Referee: Date: 4 December 2019 CI0301_CIV_DCDT_Order Page 2 of 2 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 or a mistake was made. If you wish to apply...

7. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 140 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

8. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...and (d) there was media interest driven by Ms XC’s need for publicity. [18] Ms WL also submitted that Ms XC’s conduct breached r 13.8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 4 [19] Forming part of Ms WL’s complaint was a memorandum prepared by M partnership’s counsel Mr BB, in support of the partnership’s application for costs against Ms XC. Ms WL submitted that the memorandum clearly identifies Ms XC’s “mis...

9. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

   ...[3] In the first proceeding (EMPC 152/2015) the Union and its members employed at (now) three North Island meat plants allege that AFFCO’s actions in insisting upon employing those employees on the company’s own and largely non- negotiable form of individual agreement is unlawful in a number of respects. In June 2015 when that proceeding was first issued, those plaintiffs also sought an interlocutory injunction restraining AFFCO from unlawfully locking out those employees. For...

10. [2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd [pdf, 196 KB]

    ...generally.5 [12] The period of delay in filing the statement of defence was between 31 March and 8 April 2025. That is a period of seven days, which cannot be categorised as a minimal delay. However, the period of delay needs to be considered with the request to consent to the late filing of the statement of defence on 2 April 2025. [13] The affidavit evidence supports the claim that the delay was due to error or inadvertence rather than to a deliberate decision not to file a de...