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1. HM v Accident Compensation Corporation (Personal Injury) [2024] NZACC 004 [pdf, 199 KB]

   ...court, to lead evidence on all points that were investigated, whether strictly obliged to or not. [16] In Allenby v H,2 the Supreme Court stated: [66] Where, however, the medical misadventure involves misdiagnosis of a disease, perhaps without any form of treatment being given, it is not a natural use of language to speak of the progression of the disease (say the enlargement of a cancerous tumour and the spreading of the cancer to another part of the body) as a physical injury. Y...

2. [2011] NZEmpC 25 George v Auckland Regional Council [pdf, 68 KB]

   ...determination of proceedings before the court. [3] Regulation 6 provides: 6 Procedure (1) Every matter that comes before the court must be disposed of as nearly as may be in accordance with these regulations. (2) If any case arises for which no form of procedure has been provided by the Act or these regulations or any rules made under section 212(1) of the Act, the court must, subject to section 212(2) of the Act, dispose of the case— (a) as nearly as may be practicable...

3. [2010] NZEmpC 75 EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [pdf, 25 KB]

   ...parallel proceedings dealing with the same essential questions before the Employment Relations Authority, the plaintiffs have not advised the Registrar of the Court of the progress of those matters and their effect on the court file, despite several requests of counsel to do so. [4] The defendants highlight the following factors which they say support their claim for costs. First, they note that the original proceedings filed for the plaintiffs were prepared by an advocate (not the...

4. Bacic v Tulip Holdings Limited (in liq) [pdf, 26 KB]

   ...unit • 6 January 2003: the claimants lodged an application with WHRS and the assessor's report concluded that the dwelling was a leaky home • March 2004: the Council issued a notice to rectify the building work • June 2005: the Council requested access to the unit so that Prendos could carry out an invasive report - a copy of which was sent to the claimants in October 2006 • The claimants attempted to get quotes and approval to carry out the remedial work. A proposal fo...

5. Phon & Anor v Waitakere City Council [pdf, 82 KB]

   ...3 HC Auckland, CIV-2009-404-6348, 15 March 2010. 10. As a consequence at the second case conference Ms Martin, counsel for the Council, requested that further particulars of the claim against the Council be provided as it was unclear as to the allegations being made against the Council. The claimants’ counsel at that conference agreed to file a further report or brief fro

6. AEL Ltd v ZVL [2012] NZDT 310 (17 April 2012) [pdf, 43 KB]

   ...Referee: Referee Reuvecamp ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Respondent, ZVL, pay the amount of $312.57 to the Applicant, AEL Ltd, on or before 27 April 2012. Facts [1] The Applicant claims $506.93 in respect of plumbing services rendered to the Respondent at its request and invoiced under invoice #60437 (including administration and interest charges at $158.06). The Respondent takes the view that its insurer should...

7. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...withdrawn this Office must complete the review. him. Review [20] Mr CR provided comprehensive written submissions in support of his application for review and I considered the review could be completed on the material to hand. Both parties were requested to consent pursuant to s 206(2)(b) of the Act to this review being completed on the papers.5 [21] This Office has been endeavouring to schedule the hearing for this review since March 2015 and for various reasons, including Mr CR...

8. Bennett v Proprietors of the Waipiro A22B3 Incorporation (2014) 39 Tairawhiti MB 257 (39 TRW 257) [pdf, 257 KB]

   ...was received on 13 November 2013. The matter was adjourned to chambers for a reserved decision. Evidence for the Applicant [9] In support of the application, an affidavit dated 20 May 2013 was filed for Deanna Bennett detailing the matters that form the grounds for filing the application. Subsequently a more detailed affidavit dated 27 August 2013 was filed. [10] In that affidavit Mrs Bennett acknowledged that she resigned as Chairperson at the AGM held on 17 March 2012, but she...

9. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...Ms Rubio of PHP 25,000, which she understood to be a fee for applying for a visa. Visa application - declined [28] On 22 September 2010, Ms Scholes lodged a visa application for the complainant. [29] On 4 October 2010, Immigration New Zealand requested information regarding the complainant’s financial situation. [30] On 11 October 2010, Ms Scholes responded to Immigration New Zealand’s request with further information. [31] On 29 October 2010, Immigration New Zealand declined t...

10. UH v KT [2017] NZDT 1500 (12 April 2017) [pdf, 221 KB]

    ...more easily done from [Redacted], the builders are authorised to go onto that property during working hours, for the purpose of doing the work set out in the order. Referee: K Rendall Date: 12 April 2017 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 or a mistake was made. If you wish to app...