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1. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 KB]

   ...including with the roof, rangehood and gas regulator. She claims she has suffered loss of $62,056.58, but has reduced her claim to $30,000.00 to fit within the Tribunal’s jurisdiction. 2. Although Ms C identified a number of issues in her claim form, at the hearings on 22 October 2020 and 25 March 2021 she confirmed that she was restricting her claim to four items: rangehood; gas regulator; windows; and the roof. 3. QI and MI deny liability for any loss suffered by PF Limited....

2. Short v Accident Compensation Corporation (Personal Injury) [2024] NZACC 188 (22 November 2024) [pdf, 178 KB]

   ...Auckland/Tāmaki Makaurau District Court Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 November 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim 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 20 March 2024. The Reviewer dismissed an application for review of th...

3. OP v UV LCRO 160/2015 [pdf, 168 KB]

   ...that she was returning the signed documents. Ms UV then filed the application for probate and various documents in support at the High Court. She also filed Mrs OP’s notice of choice of option A under the PRA. [15] On 18 August 2014 Mrs OP requested an update and information. Ms UV replied the same day, saying that she was awaiting the Grant of the Probate. She also suggested that the trustees execute the share transfer forms as executors, but advised they may also require a...

4. [2022] NZACC 65 – Estate of Margaret Taiapa v ACC (21 April 2022) [pdf, 199 KB]

   ...neck injury relating to the accident, noting the delay of over 12 months and the insufficient evidence available to accept that a neck injury was sustained in the accident. [18] On 21 February 2018, Mrs Taiapa provided a medical certificate to request cover for a neck injury and prolapsed disc to be added under the original claim. [19] On 28 February 2018, Mr Wickremsekera reported that x-rays conducted on Mrs Taiapa showed previously seen listhesis at C3/4. [20] On 9 March 2018,...

5. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   ...was established for the hearing of an application for its discharge. It was also agreed the respondents’ challenge to the interim injunction should be heard at the same time. The hearing was initially scheduled for 5 November 2020, but at the request of the parties who required more time to prepare, the fixture was rescheduled for 1 December 2020. [16] Voluminous affidavits, exhibits and submissions were filed by all parties. In submissions which NZTG filed shortly before the h...

6. [2015] NZEmpC 222 Marra Construction (2004) Ltd v Pretorius [pdf, 146 KB]

   ...challenge could not be accepted and an application for leave would need to be filed instead. [10] On 10 November 2015, the documents and filing fee were received by the Auckland Registry. [11] On 12 November 2015, Marra filed an application which requested in effect an extension of time for filing its challenge; the supporting material asserted that the documents had been filed within time, but the filing fee had not. [12] On 26 November 2015, counsel for the defendant, Mr Jacob...

7. Cousins v Plaster Systems Ltd [pdf, 31 KB]

   ...Components Guarantee” provided (inter alia): “On – site application beyond our control and Plaster Systems Limited can not guarantee workmanship or the correct preparation and application of its Insulclad system. The licensed Contractor will, on request, provide a separate guarantee for their workmanship.” Mr Payne did issue a separate guarantee for workmanship. 29. The evidence is that the contractual terms between the parties expressly precluded liability for wo...

8. ACC Fixed Fee Schedule updated 29 Sep 22 [pdf, 200 KB]

   ...grant of aid can be assumed as consideration of the prospects of success will be required first. • If there are no prospects of success aid will be ceased. Special disbursements are available for medical and other reports When a provider requests for a report to be funded they must also provide: • the name of the expert, • a reason why this particular expert has been chosen, and • the question(s) the expert is being asked to address. If a second independent specia...

9. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...outcome of the challenges.3 He has made such payment. [3] The grounds upon which Deloittes seek the order for security for costs are: (a) Mr Alkazaz does not live in New Zealand. (b) It is not clear where he lives. (c) Mr Alkazaz’s claims are without merit. (d) The amount of security sought is appropriate in view of the likely costs which would be awarded to Deloittes if successful in defending the challenges, the estimated duration of the trial of four days and the o...

10. GT v SGG Ltd & Ors [2017] NZDT 1047 (27 November 2017) [pdf, 83 KB]

    ...the CCLA is a revision Act under the Legislation Act 2012, and applies to contracts regardless of whether they are entered into before or after the Act came into force. [11] Since the trailer had not yet been built at the time the contract was formed, the contract involved a sale of future goods by description. Unless “a different intention appears” (s 145), rule 5 in s 146 applies, and property passes “when goods of that description that are in a deliverable state are uncond...