Search Results

1. Park [2016] NZWHT Auckland 3 [pdf, 180 KB]

   ...close to a wall between that room and a bathroom. [30] In removing the skirting board, the assessor uncovered quite significant deterioration of the bottom plate. He determined that was caused by a leaking shower in the adjoining bathroom. He formed this view after turning on the shower and observing ponding on a raised tiled area between the shower box and the connecting wall in which he found the decayed timber. The physical proximity of the decayed timber to the shower box...

2. [2019] NZEmpC 143 Sfizio Ltd v Freeborn [pdf, 420 KB]

   ...statement of defence. Disposition [33] I find that the criteria justifying joinder of third parties are met, and I direct: a) The defendant must file and serve an amended statement of defence which does not contain paragraphs in the same or similar form to those at paras 11 – 18 of the first amended statement of defence; this document is to be filed and served within 14 days of the date of this judgment. b) The defendant must within 25 working days of the date of this judgment,...

3. HLL Ltd v RO [2018] NZDT 1133 (6 July 2018) [pdf, 88 KB]

   ...hearing of the claim until February 2017. After three hearings, a decision was made on 23 October 2017 that OL Trust owed HLL the sum of $15,000.00. However, due to ill health, Mrs RO had been unable to attend the final hearing, and she filed a request for a rehearing. This was granted. The matter therefore started afresh before me in early 2018. [4] Mrs RO advised the Tribunal during 2017 that her claim had been withdrawn. It is not clear that she intended that consequence, bu...

4. RN v Accident Compensation Corporation (Claims process – application for recall of judgment and reinstatement of appeal) [2025] NZACC 009 (21 January 2025) [pdf, 191 KB]

   ...re-visit the dismissal, in the 26 June 2024 Minute, the party in default may seek relief by application to the Court. [21] On 24 July 2024, Mr Hinchcliff advised that he had been assigned to represent the appellant in this appeal. Mr Hinchcliff requested that this appeal be reinstated. Mr Hinchcliff advised that it would take around six weeks to request the claim file information from the Corporation and review the evidence. Mr Hinchcliff suggested that the parties file a jo...

5. [2025] NZACC 084 - Chand v Accident Compensation Corporation (14 May 2025) [pdf, 215 KB]

   ...rehabilitation. The discharge summary provided a diagnosis of cerebellar haemorrhage stroke with secondary diagnosis of obstructive hydrocephalus caused by the stroke. [9] On 26 October 2021, Mr Chand’s GP lodged an accident compensation injury claim form in relation to the abrasion and contusion injuries that he sustained when he fell in the shower. [10] On 28 October 2021, the Corporation accepted cover for abrasion left knee; bilateral contusion (knee and lower leg) and abr...

6. Andrews v Accident Compensation Corporation (Weekly Compensation) [2025] NZACC 17 (29 January 2025) [pdf, 208 KB]

   ...[18] Meanwhile, Mr Andrews sought advice from Mr Boyle, Orthopaedic Surgeon. Mr Boyle filed an assessment report and treatment plan (ARTP) requesting surgery funding in January 2021. The ARTP referenced the March 2005 accident. [19] The surgery requested was considered by Dr Fong, Principal Clinical Advisor. Ultimately the Corporation accepted liability and approved surgery funding on 4 February 2021. At that stage cover was updated to cover biceps tendinitis, a glenoid labrum tea...

7. Chapman v Aotearoa Resorts Ltd - Tokaanu Māori Township 2nd Residue Trust (2010) 257 Aotea MB 62 (257 AOT 62) [pdf, 245 KB]

   ...until now. [9] My oral decision is reproduced here in full for convenience: The trustees have been forced to take steps to enforce compliance with the lease more than once. Without traversing each and every instance where remedial steps of one form or another have had to be taken by them, it is evident that their relationship with Mr Thurston and his company has been less than positive in recent years. In my assessment, turning to the work programme that had been agreed, consid...

8. Muru v Te Aho - Maungatautari 4G Section IV Block [2013] Māori Appellate Court MB 5 (2013 APPEAL 5) [pdf, 101 KB]

   ...The parties and Mr Te Aho in particular took a most assertive approach. Settlement was always impossible. The parties were quite uncooperative. Mr Te Aho even went to the point of suggesting that what was said in these judicial proceedings might form the basis for an action in defamation. That approach was somewhat startling and clearly wrong as a matter of law. [7] Judge Savage noted that both parties questioned the merits of the other’s case. He cited the decision in Reeves...

9. LCRO 202/2016 and 6/2017 JI v ZY [pdf, 153 KB]

   ...[Property 3] pursuant to s 42 of the Property (Relationships) Act 1976. [11] Mr JI does not appear to have replied to STI immediately, but by 4 June 2015 he had received instructions from Mrs XU to act again on her instructions. Mr JI wrote to STI requesting Ms ZY’s consent to him acting for Mrs XU in relation to a matter involving Mr WV and Ms ZY, and presumably having the potential to affect Mrs XU’s interests in WV and XU Trust property. Complaint [12] On 8 June 2015,...

10. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

    ...apply; e) The Court should look at what is just in the circumstances and in doing so should have regard to the nature and course of the proceedings; the importance of the issues; the conduct of the parties; and whether the proceedings were informal or akin to civil litigation; f) If a party has acted unreasonably, for instance by pursuing a wholly unmeritorious and hopeless claim or defence, a more liberal award may well be made in the discretion of the Judge, but there is no in...