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1. 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...

2. [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...

3. 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...

4. [2021] NZACC 35 - Kinney v ACC (15 February 2021) [pdf, 202 KB]

   ...link between the discitis and a covered accident. Background [2] The appellant was granted cover for the sprain of his hamstring tendon, left side, following an accident at his home on 11 December 2016. The description of the accident in the claim form was “pulling fire out of hearth and hurt leg”. It seems common ground that this accident occurred while the appellant was in the process of removing a log burner off the hearth at his home. [3] He lodged a further cla...

5. [2012] NZEmpC 176 Te One A Mara Ltd v Olsen [pdf, 126 KB]

   ...novo basis that part of a costs determination 1 of the Employment Relations Authority (the Authority) dated 12 April 2012, which held that costs in the Authority should lie where they fall. There are other issues but, in essence, the plaintiff claims that the Authority failed to give sufficient weight to a Calderbank offer it made at an early stage of the proceedings. It was agreed that the challenge would proceed in this Court on the basis of an exchange of written submissions b...

6. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...FT was to pay costs to the New Zealand Law Society in the sum of $500 and pay compensation to Mr SV in the sum of $1,250. Application for review [22] Mr SV filed an application for review on 10 June 2020. [23] His application is confined to requesting a review of the Committee’s compensation order. [24] He submits that the Committee should have reimbursed him the full sum of the legal costs he had incurred in opposing the caveat. [25] Mr FT was invited to provide response...

7. T Ltd v TN [2022] NZDT 101 (9 September 2022) [pdf, 174 KB]

   ...beyond the scope of the work authorised by TN? 4. The common law of contract allows parties to enter into legally binding agreements. When interpreting a contract, the courts take an objective approach. They inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. 5. TN submitted that when she asked T Ltd to “have a look” she only expected...

8. KT & MT v HT [2023] NZDT 98 (16 March 2023) [pdf, 178 KB]

   ...charges that he might otherwise have been entitled to if some accounting had been provided and there was evidence that payment had agreed to be made by KT and MT. Referee: G R Meyer Date: 16 March 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 reh...

9. 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...

10. 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...