Search Results

1. [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...

2. [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,...

3. [2009] NZEmpC AC 10/09 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 21 KB]

   ...union’s rules and, if he is unhappy with the result, he may then raise a fresh employment relationship problem in the Employment Relations Authority. [17] The defendant having succeeded in its application is entitled to costs and at the request of counsel I have reserved these. They may be addressed by the filing of a memorandum, if they are not determined by agreement, once the issue of whether a notice of discontinuance will be filed has been decided by the plaintif...

4. [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...

5. 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...

6. 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...

7. [2022] NZACC 154 — Byles v ACC (16 August 2022) [pdf, 366 KB]

   ...medial compartment and this approached full thickness at the anterior half of the joint. He suggested arthroscopy and medial meniscectomy. [9] On 6 June 2014, Mr Schluter completed an Assessment Report and Treatment Plan (“ARTP”) with a surgery request. Under the heading “causal link”, he advised: The twisting injury has torn his medial meniscus. He does have some general chondral thinning of the medial compartment, but he seems to be tender more over the joint line, cons...

8. Bacic v Tulip Holdings Limited (in liq) [pdf, 110 KB]

   ...in the neighbouring block, as recorded in WHRS claim no. 499, was $191,360.44. Page 9 [22] In March 2004, the Council issued a notice under section 42 of the Building Act 1991 to rectify the building work. In June 2005, the Council requested access to the unit in order to carry out an invasive report. Richard Maiden of Prendos was engaged by the Council to do that work. A copy of his report was sent to the claimants in October 2006. [23] Mr and Mrs Bacic attempted...

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...