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1. Mayfair Street Units v Spargo [pdf, 54 KB]

   ...(Norfolk) organised labour, materials and subcontractors to build the apartments. Norfolk contracted with Mike Donnison, builder, on a labour only contract to build units 9,10,11 and 12. 9. Mr Brittain opposed the application pending more factual information. 10. The matter was deferred for further submissions and either the formulation of detailed allegations or an indication of evidence showing that Mr Mack may be liable. Bryan Wakelin 11. Bryan Wakelin applies to be removed...

2. L Foundation v OS [2023] NZDT 555 (2 May 2023) [pdf, 254 KB]

   ...any amount for UB or HJ. b. EV has fairly applied the discount given for the purchase of the second pup by averaging the cost of UB and HJ. 25. Therefore, I find that the $200.00 advance for the car and the (averaged) purchase price for UB form part of OS’s debt. 26. The “2 unpaid pups $4,000.00” relates to the sale of the last two puppies in OS’s possession. EV has guessed the likely sale price of those puppies because OS provided her with no information about the sa...

3. Retto v Standing [2012] NZIACDT 69 (28 September 2012) [pdf, 97 KB]

   ...met with Mr Standing and concluded he was not providing the services he agreed to provide. 6 [49] Mr Retto terminated Mr Standing’s engagement and requested that Mr Standing refund the money he had paid. Mr Standing ignored the requests. [50] The Tribunal upheld the complaint. The evidence supporting the complaint established: [50.1] Mr Standing obtained fees dishonestly through misrepresentations, [50.2] He failed to account for the money he dishonestly solicited....

4. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

   ...Ferguson reported a diagnosis of Mr Savage having significant low back pain and lower limb radiculopathy secondary to LB/S1 disc herniation. [4] On 11 June 2018, Mr Judkins’ general practitioner (“GP”), Dr Bjornholdt, filed an ACC injury claim form for pain in the lumbar and thoracic spine as a result of a gradual process. The claim form described “repetitive strain and repetitive injuries over the years working as a plumber”. [5] On 25 June 2018, Mr Judkins completed...

5. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...BY DEFENDANT1 BACKGROUND [1] In its decision in Lohr v Accident Compensation Corporation [2016] NZHRRT 31 given on 29 September 2016 the Tribunal found the Accident Compensation Corporation (ACC) had discharged its burden of proving the information withheld from Dr Lohr fell within the exceptions in ss 27(1)(c) and 29(1)(a) of the Privacy Act 1993. As information 1 [This decision is to be cited as: Lohr v Accident Comp...

6. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...care and skill. QD’s submission was based on media reports of an interim report of the Transport Accident Investigation Commission. L Ltd says it does not accept some of the statements in the report and that that there is new (undisclosed) information that is likely to affect some of TAIC’s preliminary findings. While the evidence, such as it is, points to failings on L Ltd’s part, it is not necessary to make any findings on the issue. 21. Of more significance is whether th...

7. Amendments-to-Court-Rules-2024-and-Coroners-Regulations_FINAL.pdf [pdf, 392 KB]

   ...Courts (Access to Court Documents) Rules 2017. District Court (Access to Court Documents) Amendment Rules 2024 and Senior Courts (Access to Court Documents) Amendment Rules 2024 25 In 2021, there were concerns that the names and addresses of people requesting access to court documents were being provided to parties to the relevant proceedings, or to their lawyers, without the requestors being aware that this may happen. The Committee subsequently resolved to amend both the District Co...

8. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   ...there were significant contradictions between the evidence given to the hearings by Karen Schneller, and her written statement made to Ranworth after its receipt of Alison Schneller’s personal grievance. The Authority concluded that it was the former (sworn evidence) that was unreliable and that the latter (a statement made for the purposes of later litigation) was accurate. [5] Although I accept, as did the Authority, that Karen Schneller was an unreliable witness, I have not...

9. Matchitt v Whangara B20 Incorporation - Whangara B20 (2006) 168 Gisborne MB 126 (168 GIS 126) [pdf, 486 KB]

   ...Finally, the evidence for the committee was that the house was uninhabitable, derelict and unsafe for occupancy so they moved to stop habitation on 18 March 2005. It was Dr Te Momo's evidence that the state of the homestead was the ground for requesting that the Matchitts vacate the property on 23 March 2005. The Court noted the committee did not have before it a professional repOlt when they concluded that the house was uninhabitable. A further letter to vacate was issued on 6 May 2...

10. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

    ...a decision has been made can there be a right of review and if no right of review exists then s133(5) has no application. ... The substance [of the communication in question] has to be analysed.” … [47] … merely administrative issues and requests, do not amount to a ‘decision’ within the meaning of s.6 of the legislation. Whether a ‘decision’ has been made needs to be determined in the factual context and circumstances. [25] In Scoullar,4 Beattie DCJ stated: [16] I...