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1. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

   ...Applicants say that it is not the exercise of a discretion that leads to the liability, but rather whether Tower authorised such fees being incurred. It follows that the Applicants must seek permission from Tower to incur such fees and that, once such a request is received, Tower must consider that request in terms of its duty of utmost good faith to the Applicants. [85] While it is correct that a failure to pay a sum due is a breach of the contract of insurance, such a failure mus...

2. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

   ...the collection is 3 cm. A clear dressing was placed over the marking to protect it during transit to the ward. [28] On 24 January 2021, Mrs Moloney died from metastatic colorectal cancer. [29] On 9 February 2022, an advice of accidental death claim form ACC21 was submitted to the Corporation. This included a request for financial assistance with a funeral grant and outlined the delay with the MRI scan as the MRI scan request was supposed to be in the six-week category but by mi...

3. [2023] NZEmpC 227 Pilgrim v Attorney-General [pdf, 280 KB]

   ...Shepherd and the Shepherds. [14] Submissions were also advanced during the course of the hearing as to the role of the Overseeing Shepherd, as opposed to the individual holding that role, and the potential implications of that. [15] I have formed the view that at all material times the employer was the Overseeing Shepherd. Essentially that is because the evidence pointed squarely to the Overseeing Shepherd, at any particular point in time, being the ultimate controlling force w...

4. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...that Ms Twentyman is wrong to believe that the filing of a challenge stays automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than the expected notice of opposition and affidavit in support. Ms Twentyman’s (therefore 5 See Employment Relations Act 2000, s 180. unswo...

5. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...August he worked as usual 3 days a week. On 19 and 20 August he took sick leave and on 26 August filled out another accident report as he was suffering the same injury as before but to both sides of his chest and arms. He stated on his injury form that it was because of “again not replacing night cutter – put extra work on day shift.” He also applied for coverage from ACC. [23] On 28 August 2003 ACC acknowledged that his claim was work-related and began an investigation...

6. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...position description to INZ to support a variation to the conditions of his work visa. That application was declined. INZ raised concerns about the position not having been advertised. Mr Vermuelen told Mr Flyger about this turn of events and requested that the role be advertised. Mr Flyer declined to do so. His evidence was that he refused to advertise the role because he did not want the hassle associated with that step. [23] I do not accept that the way in which the company ha...

7. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...did not have any right elbow symptoms. [22] On 22 January 2015 the appellant injured his right elbow while moving furniture. He consulted his GP on 5 February 2015 who noted that he was tender under the lateral epicondyle with elbow pain. A claim for cover for right lateral epicondylitis was filed. [23] Dr Lane commented on 26 February 2015, on the claim for cover for right elbow lateral epicondylitis. Dr Lane noted that cover had been declined for the same process for su...

8. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...Accident Compensation Act 2001. [3] The respondent’s position is that there is insufficient evidence of a causal link between the appellant’s Parkinson’s Disease and a workplace exposure. Background [4] On 30 June 2021, an ACC injury claim form was filed for poisoning due to a chemical substance. The description of injury was: Worked for the Post Office from 1979 to 1986, was regularly exposed to trichloroethane and is concerned that his Parkinson’s Disease was ca...

9. [2009] NZEmpC AC 29/09 Ogilvy NZ Ltd v Whitten [pdf, 26 KB]

   ...to the costs award could also be disposed of on the same papers. [3] The application for leave was supported by an affidavit of Stephanie Cooper, the personal assistant of Chris Patterson, counsel for the applicant. It referred to a request on 3 April 2009 by the respondent through her counsel, Ms Hornsby-Geluk, requesting payment of the Authority’s award of costs totalling, with GST, $4,934.25. Mr Patterson replied on 6 April 2009 saying Ogilvy NZ regarded the award a...

10. [2013] NZEmpC 128 Taiapa v Te Runanga o Turanganui a Kiwa [pdf, 38 KB]

    ...(also excluding GST). [2] The defendant was also successful in the Employment Relations Authority1 resulting in a costs award2 1 [2012] NZERA Auckland 252. in its favour of $4,650 which, despite requests, has not been paid to it, so that the defendant has now commenced proceedings for a compliance order in that forum. 2 [2012] NZERA Auckland 289. [3] The defendant has both established that its costs of legal representatio...