Search Results

1. CQ v DW [2023] NZDT 84 (20 January 2023) [pdf, 187 KB]

   ...to work on a fence, and for objections to proposed work. s10 Notice to do work to be given (1) Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect. (2) The notice shall— (a) specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and (b) specify (whether by reference to...

2. BG v NU [2023] NZDT 337 (12 July 2023) [pdf, 182 KB]

   ...show that, while NU has repaid her for fines, he incurred in 2022, there is one fine from February 2023 which she paid and that he is liable to reimburse her for. Referee Perfect Date: 12 July 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 rehe...

3. Flight Senior – Waipapa 1D 2B 3B (2014) 316 Aotea MB 3 (316 AOT 3) [pdf, 264 KB]

   ...on 23 September 2011 at Taupō. 6 Mr Vane appeared for Mr Flight. A letter of objection was received from the trustees of the Waipapa and Tokaanu Māori Lands Trust advising that the buildings are the property of the Trust and that there is no formal occupation agreement in place. Mr Flight gave some initial evidence, following which I indicated that counsel should be appointed given the complexities of the claims before the Court. Mr Webster was subsequently engaged to represent...

4. [2021] NZACC - Hallmond v ACC (3 August 2021) [pdf, 338 KB]

   ...that point x-rays were taken. [5] An x-ray on 1 March 2012 indicated moderate loss of height of the L4/5 disc and adjacent sclerosis. The conclusion of the radiologist was “L4/5 disc degeneration”. No further action in respect of this claim was taken. [6] There was a further accident in August 2012 when the appellant injured his back working on a car, but again there was no significant action on the claim. [7] A further accident occurred in May 2014, and the appellant w...

5. Patel v Dean [2020] NZHRRT 37 [pdf, 237 KB]

   ...Manktelow for plaintiff Mr J Dean in person DATE OF HEARING: 12 and 13 August 2019 DATE OF DECISION: 31 August 2020 DECISION OF TRIBUNAL1 [1] Mr Dean is a lawyer and Mr Patel his former client. In February 2018 Mr Patel requested a copy of his file from Mr Dean. Five weeks later, Mr Dean responded and told Mr Patel he would charge him $19,175.47 for the provision of his file. Mr Patel refused to pay. Mr Patel filed this claim seeking his file and damages fo...

6. EH v O Ltd [2024] NZDT 237 (11 March 2024) [pdf, 176 KB]

   ...2023 and says he should be entitled to a refund. 2. Despite EH repeatedly asking O Ltd for a refund, they will not agree to do so. 3. O Ltd is a company registered in Australia, but also offers services within New Zealand. O Ltd was sent information by the Tribunal explaining how to call into today’s hearing, which was scheduled for 9.15am (NZ time). No call was however received from O Ltd, despite the Tribunal waiting until approximately 9.25am. The Tribunal also called O Ltd�...

7. [2022] NZACC 42 - Kidd v ACC (17 March 2022) [pdf, 293 KB]

   ...15 April 2020, declining to pay weekly compensation from 19 February 2020 on the basis that the appellant’s covered left rotator cuff sprain had resolved. Background [2] On 18 October 2017, the appellant’s physiotherapist lodged a claim for a left rotator cuff sprain said to have occurred on 20 September 2017, when the appellant had been playing golf. [3] The ACC injury claim form had this description of injury: Playing golf, swung golf club and hurt left shoulder a...

8. Macdonald v Accident Compensation Corporation (Further ruling on application to recall judgment) [2024] NZACC 29 [pdf, 236 KB]

   ...hearing itself (page 56 of the hearing transcript, line 20) and explained that: … We just simply ran out of time and I was asked to cut my presentation short and never got to this page. 8. We also communicated by email to the court on 31 July, requesting another half day hearing to give evidence in support of our re-hearing. At the beginning of the appeal hearing, Judge McGuire spoke to the change of time from 10.00am to 11.45am, and the additional documents I had provided fro...

9. Notice to Registrar response to third party claim [pdf, 187 KB]

   Form 85 Ministry of Justice Collections Unit  www.justice.govt.nz/fines/civil-debt 0800 233 222 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the fol...

10. Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [pdf, 212 KB]

    ...been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be written or oral; formal or informal. Once a contract is formed, the parties are bound by the terms they have agreed to, and any implied terms, and those terms are enforceable by one party against the other. The general rule under the law of contract is that a...