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1. CoCA Fixed Fees Schedule Jul 2020 [pdf, 173 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

2. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

   ...position as here. Mr Mitchell’s argument would advance the case for employees a step further. Wyatt says that not only must there be an awareness of the act or omission but the 90 day period does not begin to run until the employee considers (forms a “reasonable belief”) that the employer’s action was unjustifiable. Mr Mitchell’s argument goes one step further, however, and would have three necessary constituents: the awareness or appreciation of the act or omission, th...

3. CE v DT LCRO 281 / 2011 (30 September 2013) [pdf, 107 KB]

   ...decision have been changed. DECISION Introduction [1] The Standards Committee made a finding of unsatisfactory conduct against lawyer CE (the Practitioner) by reason of his failing to have provided his client, DT (the Respondent), with information in keeping with his obligations under Chapter 3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). This concerned his failure to have provided the Respondent with a Letter of Engagement....

4. Andrews v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 45 (10 March 2025) [pdf, 231 KB]

   ...[15] Meanwhile, Mr Andrews sought advice from Mr Boyle, Orthopaedic Surgeon. Mr Boyle filed an assessment report and treatment plan (ARTP) requesting surgery funding in January 2021. The ARTP referenced the March 2005 accident. [16] The surgery requested was considered by Dr Fong, Principal Clinical Advisor. On 4 February 2021, the Corporation approved surgery funding. At that stage, cover was updated to cover biceps tendinitis, a glenoid labrum tear, and a closed fracture of the...

5. AU v ACC (Personal Injury) [2024] NZACC 098 [pdf, 466 KB]

   ...June 2024 Held at: Wellington by AVL Appearances: The Appellant is self-represented J Sumner for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims for personal injury - ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 12 June 2023. The Reviewer dismissed applications for review of: 2...

6. [2018] NZEmpC 88 Lorigan v Infinity Automotive Ltd [pdf, 321 KB]

   ...the other. [13] On 14 April 2009, an IEA was signed between Perry’s and Mr Lorigan, backdated so as to be effective from 24 March 2009. As will be discussed later, Mr Lorigan pleaded that this document was signed under duress, and he now informs the Court that he considers it to be void. [14] On 31 May 2009, Perry’s amalgamated under Part 13 of the Companies Act 1993 (the CA) with two other companies in the Sime Darby Group. The evidence is that as a consequence of the am...

7. Bridge v The Real Estate Agents Authority (CAC 409) and Edwards [2018] NZREADT 61 [pdf, 312 KB]

   ...vendors on 6 May 2016. She referred to the hole in the chip heater flue, the lack of hot water in the laundry, and the garage spouting (describing it as “buggered”). She did not refer to the fence. [7] On 9 May, Mr Bridge’s solicitors requested a price reduction of $7,500 from the vendors’ solicitors: … Our client put in an offer on a “sight unseen” basis, relying upon representations by the agent. A building report has identified that the property is not concr...

8. DK & EK v S Ltd [2024] NZDT 359 (27 March 2024) [pdf, 194 KB]

   ...claim that their contract did not include a term limiting the liability. 21. That is because the terms of a contract are set at the beginning of the contract and cannot be introduced part way through the transaction. In my view the contract was formed at the point S Ltd accepted DK and EK’s request to come and inspect the property. 22. Given DK and EK only received the term limiting liability after this (ie once they received the report) it did not form part of their contractual a...

9. Wolverhampton v Shaftesbury LCRO 145 / 2009 (23 June 2010) [pdf, 170 KB]

   ...been posted nor had it been placed in an envelope. The Standards Committee informed the Practitioner accordingly. [4] The Practitioner wrote again to the Standards Committee on 15 June 2009 challenging the truthfulness of the Applicant‟s claim that she did not know how the document came to be in her letter box. He contended that she had found the document among her papers and had herself placed it there. He reiterated his earlier stance that the Applicant had the document a...

10. [2010] NZEmpC 113 Service and Food Workers Union & Ors v OCS Ltd [pdf, 79 KB]

    ...the second plaintiffs transferred to OCS as their new employer on the same terms and conditions of employment. So although the identity of the second plaintiffs’ employer changed as did their work, the terms and conditions under which they performed these duties have continued, at least for a short period. [3] The history of relevant events in this case is as follows. Before 1 July 2010, cleaning work at Massey’s sites in Albany, Palmerston North and Wellington was carried...