Search Results

1. Kelleway v Insar [pdf, 283 KB]

   ...chosen to avoid detracting from the appearance. Control joints can also accommodate thermal stresses…. The sensible provision of control joints is good insurance against uncontrolled unsightly cracking… Vertical control joints should be formed above and below the sides of openings such as doors and windows and at 4.0m intervals. In some parts of the country where the temperature range from summer to winter is large, plasterers form joints at 2.5m spacings between openi...

2. APB Ltd v VW LCRO 133 / 2010 (3 August 2011) [pdf, 126 KB]

   ...Practitioner had perceived that the fund was intended to protect the developer rather than as a comfort fund for the Applicant. He said that being aware of the terms of the Deed, prior to authorising the payment he discussed the developer‟s request with a senior lawyer in the firm, and notwithstanding their awareness of the terms and conditions of the Deed, it was perceived by them that the payment requested by their client in the particular circumstances that the request had been...

3. LCRO 359/2013 SW v LM [pdf, 212 KB]

   ...remarks1 to his closing submissions which comprised some 100 pages of written material:2 Broadly speaking, what we have is a situation where Mr SW has salvaged money from his crumbling entities that were ultimately held for the benefit of him and his former family. In doing so he has disregarded the interests of his creditors and his prior family. He turned his back on Mrs SW and his 4 children leaving them to live an impoverished life while he secured for his new family hundreds of...

4. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...succession orders made at 90 Whakatane 405-407 (1 September 1998) and 92 Whakatane MB 250-251 (28 January 2000) amended. 2. The applicant is the grand nephew of Paratene Mita Hotene (’the deceased’) who died on 30 January 1980. He is requesting correction of the names of two people identified as issue of his grandfather Kereopa Hotene (a brother to the deceased). The deceased did not leave a will and had no children. 3. The applicant claims both orders are incorrect thro...

5. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...skill and judgement when he recommended the Projector to her as suitable for the Club’s purposes, and it should not have failed after minimal use as it did. Page 3 of 5 10. Having carefully considered the available evidence and information, and having heard from the parties, I find that BC has not proved, on the balance of probabilities, that the Projector was not reasonably fit for purpose. I make this finding because: (a) The Projector operated well for BC’s purpo...

6. 2024-07-22-Notice-of-Hearing-QAC-v-RPL.pdf [pdf, 225 KB]

   ...Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court will consider any requests to: (a) Withdraw proceedings (b) Adjourn (postpone) hearings to a later date (c) Approve settlements agreed to all by the parties The Court will then decide the order in which the proceedings will be heard during the hearing...

7. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...your individual rehabilitation programme is now complete and plans to assess your vocational independence”. [17] On 16 October 2012, ACC completed a Vocational Independence Occupational Assessment Report Complex. [18] On 1 November 2012, ACC requested Dr Murray, GP, to carry out a Vocational Independence Medical Assessment. [19] Mr Beker has a complex claim history including both accident and non-accident injuries and conditions. [20] In his report of 6 November 2012, Dr...

8. Cockburn v Accident Compensation Corporation (Personal Injury) [2023] NZACC 93 [pdf, 240 KB]

   ...possibility. Blood sugar levels were also monitored with regard to possible diabetic foot complications, although the patient’s Hba1c fell within pre-diabetic levels. Wound review/dressing was regularly carried out, and the district nurse was requested to provide the ongoing wound care. The patient was consistently given what I would consider appropriate treatment and advice, and treatment was adjusted when the patient appeared to adversely react to the treatment provided. Speci...

9. BI & Ors v W Ltd [2024] NZDT 403 (2 March 2024) [pdf, 198 KB]

   ...including s9) of another party the Tribunal may make an order under s 43 (2). That order may direct a party to the amount of the loss or damage. (s 43 (3)(f)). 12. As a result of the misleading communication from the Group Sales Team HN was never informed of dates which the applicants could make their group booking and use their FFC’s. They have lost the value of those FFC’s, being $4,994.33. For these reasons I find that they are entitled to the sum of $$4,994.33. Conclusion...

10. XD v U Ltd [2025] NZDT 46 (5 March 2025) [pdf, 203 KB]

    ...claims $326.94, being the price paid. 3. This matter was scheduled for hearing on Tuesday 4 March 2025 at 11.30am. XD appeared by teleconference, but the Tribunal was unable to contact U Ltd. XD supplied an 0800 number for U Ltd in his claim form and U Ltd was asked by the Tribunal to supply a nominated representative and a direct dial number, but it did not do so before the hearing. The Tribunal called the 0800 number several times, activating each one of the menu options. There...