Search Results

1. [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...

2. [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...

3. 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...

4. [2009] NZEmpC WC 16/09 Tsoupakis V Fendalton Construction Ltd [pdf, 51 KB]

   ...despite what I find were the plaintiff’s repeated requests for a copy of his contract. At the time, Fendalton had painters whom it said were employees and others whom it said were independent contractors to it. Although Fendalton had standard forms of written agreement for each category of painter, none was ever completed for Mr Tsoupakis. Fendalton’s standard written contract with its self-employed painters existed both as a template and in the form of individualised contrac...

5. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

   ...injured his right shoulder while playing rugby. The Corporation granted cover for a shoulder sprain. 2 [3] On 27 September 2021, Ms Samuela suffered an aggravation of his injury when he slipped. He was incapacitated from work and made a request for the Corporation to pay weekly compensation. [4] On 6 October 2021, the Corporation declined to extend cover and surgery funding for a rotator cuff tear. On 11 October 2024, the Corporation also declined to pay weekly compens...

6. 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...

7. UT v ET [2016] NZDT 1473 (1 August 2016) [pdf, 96 KB]

   ...therefore find that ET must pay UT $1,463.75 for her cost in hiring a contractor to reposition the fence, as evidenced by the invoice from [Landscaping Contractor]. Referee: E Paton-Simpson Date: 1 August 2016 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 or a mistake was made. If you wish...

8. Form 46 Civil Public Protection Orders [pdf, 239 KB]

   Version 19 – September 2022 page 1 09/22 form 46 Tax Invoice Civil Legal Aid Fixed Fees Public Protection Orders Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final invoice Ple...

9. D K Rentals v TL [2022] NZDT 161 (30 September 2022) [pdf, 181 KB]

   ...18. I find that the reasonable value of D&K’s caravan is $13,500. That is the amount TL is to pay, minus the credit of $82.86 from the Bond. Referee: J.F. Tunnicliffe Date: 30 September 2022 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 re...

10. G Transport v D Autos Ltd [2023] NZDT 689 (7 December 2023) [pdf, 175 KB]

    ...respondent first agreeing and then reneging on its commitment to return the deposit. Referee: Hannan DTR Date: 7 December 2023 1 In 4 days 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...