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1. LCRO 158/2015 PL v VD (21 February 2019) [pdf, 178 KB]

   ...discontinued proceedings against the fourth defendant. Around [Date 2], the lawyers were in discussions concerning a proposal by Mr VD to file a discontinuance of the proceedings against Mr PL’s remaining client. Reaching agreement on costs formed part of those discussions. [8] On [Date 3], Mr PL sent two emails to Mr VD. They were both sent at [Time]. I assume from the contemporaneous despatch of those emails that one or both were drafted prior to being sent, rather than be...

2. [2022] NZACC 186 — Ismail v ACC (28 September 2022) [pdf, 394 KB]

   ...Ismail was seen by a podiatrist for chronic heel pain and tendinous in both feet. [4] On 24 June 2019, Mr Ismail resigned from his employment at Countdown. [5] On 6 July 2019, Mr Ismail was seen by a different GP, Dr Jassal, and an ACC injury claim form was completed. The description of injury was: Felt a pain while pulling a stack of pallets with a jack - pain in the right shoulder – ongoing since. [6] The accident date was given as 23 May 2019 and the injury diagnosis was ...

3. Horrell v Banyan Pacific Capital Ltd [2023] NZHRRT 35 [pdf, 361 KB]

   ...restrictions, the names and/or addresses of Naturalwear and Cancer Society clients referred to in this decision have been anonymised or redacted.) IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 35 I TE TARAIPIUNARA MANA TANGATA 2 OVERVIEW OF CLAIM [1] Cheryl Horrell is a breast cancer survivor. She received her cancer diagnosis over 35 years ago, the treatment for which included a mastectomy. [2] Ms Horrell purchased a number of breast prostheses through the Canterbury-...

4. LA - Part 2 - Areas of Law Waitangi Tribunal - Additional examples [pdf, 392 KB]

   MOJ0052-JUNE13_AAreAs of lAw – MĀori lAnd/AppellAte Court, wAitAngi tribunAl AppendiX PagE 1 / 2 additional Case Example Form – Waitangi Tribunal You will need to complete this form for each case example you provide. If you print and complete please make copies of this case example form as necessary. If you complete the form online, please save each example on your computer and repeat as necessary before printing. inquiry or Case details Name or inquiry number Date D D / M M...

5. [2010] NZEmpC 131 Rooney Earthmoving Ltd v McTague & Ors [pdf, 25 KB]

   ...relation to a freezing order, which requires BMW to provide monthly statements to solicitors, counsel and the financial experts but which are not to be disclosed to any other person. There has been an exchange of lists of documents in a limited form, but the action in the High Court is now stayed. [7] Ms Dalziel noted that the High Court proceedings are tortious in nature and this has changed the litigation significantly and may have also impacted upon the discovery exercise....

6. QT v T Ltd [2023] NZDT 188 (22 June 2023) [pdf, 139 KB]

   ...car at the time of the breach, and so the owner of the car will be a party to the contract. 10. In this case, however, because QT can prove that he was elsewhere when the car was parked in the car park, he is not a party to the contract that was formed when the car entered the car park. The parties to the contract are the owner of the car park and the driver of the car. 11. T Ltd says that QT as the owner of the car is bound by the terms and conditions of the car park, even thoug...

7. BU & QU v X Ltd & EP [2024] NZDT 133 (12 March 2024) [pdf, 201 KB]

   ...remedy the failure of guarantee in relation the fence in a reasonable time, I find that there is no remedy available to BU and QU and their claim is dismissed. Referee Perfect Date: 12 March 2024 Page 4 of 4 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...

8. BP v G Ltd [2023] NZDT 38 (20 January 2023) [pdf, 203 KB]

   ...September. 7. BP was without his luggage for 8 days. 8. BP was booked to do a ‘hiking tour’ of the Amalfi Coast. The provider was FX, a [Country] based travel company. 9. BP submitted that upon arrival he was not given the necessary information about the first day of the hiking tour. This meant that he missed the first day of the tour. 10. BP is a photographer. One of the purposes of his trip was to take photographs, which he offers for sale in his website. BP’s camera...

9. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...to make an award of costs except in very limited circumstances (S.43 Disputes Tribunal Act). No costs can be awarded in the circumstances of this case. ` Referee: J.F. Tunnicliffe Date: 13 June 2024 Page 4 of 4 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 rehe...

10. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

    ...terms and conditions in the written contract. Did N Ltd breach the contract such that ZM and DX were justified in cancelling? 10. ZM and Mr Wang contend that N Ltd did not make sufficient efforts to find them a tenant and did not keep them informed of viewing numbers or feedback for the property. 11. NN provided a considerable amount of documentation to show the numbers of enquiries and viewings there had been for the property over the 6-week period. He noted that while he ul...