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1. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...appropriate. In addition, she failed to initiate the professional engagement and document her instructions in accordance with the Code of Conduct. [5] The Tribunal gave the parties the opportunity to address the Tribunal in relation to sanctions. It also requested that the Registrar provide information regarding the cost of investigating the complaint. [6] In the course of responding, both parties revisited factual matters. [7] This present decision addresses two issues: [7.1] The p...

2. MacDonald v Accident Compensation Corporation (Personal Injury/Costs on Review) [2023] NZACC 175 [pdf, 339 KB]

   ...Injury, Causation s 26; Costs on Review s 148 Accident Compensation Act 2001] ___________________________________________________________________________ [1] In respect of appeal ACR 306/21, three issues are identified: (a) Cover in relation to a claimed injury, namely a below knee amputation (right leg). This is claimed to the be the consequence of an insect bite, but said to have been sustained after onset of significant symptoms of substantial vascular disease; (b) Provision o...

3. What happens next

   ...claim Once we receive your notice of claim, we’ll send you an acknowledgement and a receipt for your application fee. Phone conference & directions hearing The Authority may hold a phone conference before the hearing to make sure everyone has the information they need. It may also arrange a directions hearing to ensure progress is being made on the claim. The hearing Time & place At least 10 days before your case is due to be heard, we’ll tell you the day and time of your hearing. H...

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   3. Tax Disputes

4. [2010] NZEmpC 151 Kiwis Stat Ltd v Nichols [pdf, 42 KB]

   ...hospital. If accepted by the hospital, the plaintiff becomes entitled to a fee from the hospital based on the payment made by the hospital to the doctor. [8] The defendant was employed as a “locum coordinator”. Her role was to receive requests from a particular group of hospitals and to match a doctor to each request. [9] The parties had a written employment agreement, two clauses of which were: 17. Restraint of Trade and Non-Solicitation 17.1 The employe...

5. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...do so. CI0301_CIV_DCDT_Order Page 4 of 6 (d) You have not relied on any statement made by or on behalf of the Seller or by Us in relation to any Lot. 14. I find that this clause is not a defence to the claim. Whilst the nature of the sale forms part of the context that is taken into account in determining the chance that was purchased, it is not possible for HS to contract out of the CGA unless NT is himself in trade (s43). This is reflected in the wording of clause 7.9, which co...

6. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

   ...from TB of [Consent Company] dated 1 March 2017 (“the Fire Report”) which recorded that a Type 2 fire alarm system needed to be installed, and specified what emergency lighting was to be installed at the Property. The Fire Report stated that it formed part of the Building Consent application (page 1 of the Fire Report) and the Fire Report notes that the Building Act 2004 applied to the proposed work which involved a change to the use of the building. The Applicant installed a Type 2 fi...

7. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...shared parking area with no security or protection, this is a full defence to U Ltd not taking reasonable care with the vehicle. Therefore, the claim is dismissed. Referee: C Price Date: 17 April 2024 Page 5 of 5 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...

8. Abyaneh v Auckland City Council [pdf, 175 KB]

   ...subsequently changed as only one house was built. [3] Mr Said Haroun Ali who was an architect who had previously designed a house for him at 72 Grand Drive, Remuera, in July 1997. On the recommendation of Mr Said Haroun Ali, Mr Abyaneh requested Paradise Builders Ltd (PBL) to quote for the cost of the building. Subsequently a “labour-only” price contract to build the property was entered into between Mr Abyaneh and PBL. Mr Asad Ali, the second respondent, was a direc...

9. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...The plaintiff filed a document entitled “Application Regarding Matters of Law” on 10 February. The document set out the reasons why Miss Scarborough considered that the Court should refer the matter back to the Authority; advised that she had requested an investigation into her dismissal by the Ministry of Social Development; contended that the Authority member had not carried out a thorough investigation and did not have material evidence to support her determination; and that...

10. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

    ...the cost of the parts that KT purchased, for the failure to provide the full lockset. KT is to return the lockset to D Ltd on receipt of the refund. Referee: Arti Chand Date: 23 November 2023 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...