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1. McDonald v Peters [2012] NZWHT Auckland 51 [pdf, 159 KB]

   ...do nothing and wait eight years before proceeding further. That was an act of bad faith. Mr McDonald frustrated attempts to conduct inspections and prepare for mediation. Messrs Peters, Hislop and Brown briefly inspected the property and requested an opportunity to conduct testing. From 2004 to 2011 Mr McDonald declined to allow testing on the grounds that the tests and reports would only serve to minimise the respondents’ liability. The respondents subsequently sought and...

2. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...otherwise). See Tan v Chief Executive, Ministry of Social Development (Referral back to Human Rights Commission) [2015] NZHRRT 56. The application [4] On 15 January 2016 the Tribunal received from Mr KC Vijayan of the Singapore based The Straits Times a request for copies of the statement of claim and related papers filed by Mr Tan with the Tribunal. [5] The parties have now been heard on that application. Mr Tan consents to the application. The Ministry is opposed on two main grou...

3. [2021 NZACC 149 – Garside v ACC (30 September 2021) [pdf, 276 KB]

   ...required to treat a meniscal tear of the left knee. We’ve determined that this condition wasn’t caused by your accident on 03/07/1991, which means that we’re unable to dover this condition and we’re unable to approve your specialist’s request to pay for your surgery. [7] Subsequently, Mr Garside was able to access remedial surgery in the public health system. Medical evidence [8] Following the 2002 claim, Mr Garside was assessed by Mr Alex Rutherford, Orthopaedic Su...

4. McLeary v ACC (Personal injury) [2024] NZACC 74 [pdf, 228 KB]

   ...April 2024 Held at: Wellington by AVL Appearances: The Appellant is self-represented F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 23 April 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 2 May 2023. The Reviewer dismissed an application for review of the Corp...

5. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   ...Rules according to clause 21.1 (sic) Serious Misconduct according to (xiii) and (xvii). I no longer have faith, trust and confidence in you to be employed as a senior caregiver at the Wood. I am terminating your employment as today. You are requested not (sic) discuss this matter with other staff, residents or their family. [27] The meeting concluded at 12.30 pm. At 2.00 pm Ms Williams and Ms Berryman met with the gardener and the notes taken of that meeting were also...

6. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   ...area and the living room, with bedrooms above. The west wall is at the end of the lounge, and the main bedroom is situated at the south west corner towards the back. There is a pagola and tiled area at that end of the building. The south wall forms the back of the house. It faces and is close to a bank cut into the ground to form the flat area on which the house was built. Aspects of each of the elevations were discussed at the hearing. [8] Ms De Malmanche had trouble with...

7. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [pdf, 242 KB]

   ...also have failed this test. CI0301_CIV_DCDT_Order Page 4 of 6 19. At no point did Ms M see Ms D’s daughter riding A. Ms M also had Ms D sign a contract stating that “The Buyer accepts the pony will be a suitable match based on the information supplied to the seller on the riding ability of the child”. It is not possible to contract out of consumer guarantees, but given that the pony was purchased sight unseen, it was unreasonable for Ms D to rely on Ms M’s expertise t...

8. AFJ Ltd v ZUM [2013] NZDT 305 (20 September 2013) [pdf, 53 KB]

   ...either dead from injuries or had been euthanised by KL before the vet attended because of the injuries to their necks and faces. [4] Following the incident, ZUM came to AFJ Ltd to collect his wounded dog which Mr KL then put down at ZUM’s request. ZUM asked that his father be allowed to take the other dog to a vet to be euthanised as it was a family pet. Mr KL agreed and the vet has subsequently confirmed that the other dog has been euthanised. [5] Both ZUM and his father...

9. M Ltd v SN & LL [2023] NZDT 742 (13 December 2023) [pdf, 204 KB]

   ...services provider of the mortgage finance. In this case, the applicant received a commission from the third party lender, not the respondents. CI0301_CIV_DCDT_Order Page 2 of 4 6. On 11 January 2022 the respondents signed a declaration form regarding the services the applicant was providing which stated: “I/We confirm that we have been provided with and have red and understood the Financial Adviser’s Disclosure Guide. I/We understand that the Financial Adviser’s Di...

10. BM v LD [2023] NZDT 122 (15 March 2023) [pdf, 176 KB]

    ...the car back? Did the parties have a binding agreement for sale of the car? If so, what were the terms? 6. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. The courts take an objective approach to deciding what has been agreed, based on the communications between the parties. 7. The parties gave conflicting evidence regarding their verbal a...