Search Results

1. NG v CG [2024] NZDT 343 (26 April 2024) [pdf, 145 KB]

   ...• The sum of $30 monthly commencing on or before 20 May 2024 and continuing until fully paid. • If any payment is missed the balance owed at the time of default becomes due immediately. • J Ltd will contact CG and provide all necessary information so a payment plan can be set up. Reasons: 1. NG was stationary at a Give Way on [Road 1]’s intersection with [Road 2]. CG was driving on [Road 2] intending to turn right into [Road 1]. 2. CG’s car impacted NG’s car as CG

2. OT v XQ Ltd [2024] NZDT 619 (22 August 2024) [pdf, 186 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 the Courts may sometimes now enforce such contractual penalties, if appropriate (Cavendish Square Holding BV v Makdessi [2015] UKSC 67). 6. Because of XQ Ltd’s absence and lack of submissions, I have no information beyond OT’s evidence, which I accept in any event. 7. A parking building company arguably has a legitimate interest in de-incentivising parking where no fee is paid in breach of the parking contract. Part of the obvious purpose...

3. D Ltd v G Ltd [2024] NZDT 448 (5 June 2024) [docx, 268 KB]

   ...made return essentially impossible. This is reflected by the fact that very few of the [food] was returned to G Ltd by any of its customers. Referee: L. Mueller Date: 5 June 2024 CI0301_CIV_DCDT_Order Page 1 of 2 [image: crest_BW] 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 rehearin...

4. Wood v Accident Compensation Corporation [2015] NZACA 13 [pdf, 201 KB]

   ...review failed presumably in 1988. An appeal to the Authority against that review decision was not made until January 2009, 21 years later. On 5 June 2015, I declined to grant an extension of time to appeal to the Authority. [39] Mr Wood now requests leave to appeal to the High Court from my decision. I will set out the questions Mr Darke seeks to have answered by the High Court in the same order as they appear in his submissions. (1) That the Authority erred in law in exercisin...

5. [2015] NZEmpC 189 Kirby v The NZ China Friendship Society [pdf, 173 KB]

   ...“oversight on our Society’s behalf of the establishment of cooperative Trainer of Trainers Programme at Shandon Bailie School and of the plan to extend cooperatives in four new counties of Zhangye”. The letter concluded by stating that the Society requested that support be given to Mr Kirby to assist in providing the valuable assistance which he had offered to provide. I find that this letter clearly indicated Mr Kirby was an experienced volunteer, and that the Society was p...

6. Marshall v Ratu - Whangape Lot 65B Sec 2A Block (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148) [pdf, 400 KB]

   ...her whānau. But there is a problem. Mrs Marshall does not own the land on which the homestead sits. [2] The problems do not end there. The homestead is situated over three blocks of land. The affected land blocks include: Marshall Road, an unformed roadway managed by the Waikato District Council; part of Allotment 65B 2C1, which is general land owned by Mrs Marshall’s daughter, Kristin Blake and her husband Jeffrey Blake; and part of Whangape Lot 65B Section 2A, a 30-acre block...

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. [2008] NZEmpC WC 15/08 Weston v Fraser [pdf, 59 KB]

   ...by Mr Weston through Sportscar World. There were later discussions about commissions on sales and the possibility of a raise. He was approached by Ms Allen just before his first raise, and, together with another staff member, he filled out tax forms. [12] An issue later arose between the parties as to the registration of a Nissan vehicle. In view of the proper concession on behalf of Mr Weston that the subsequent dismissal was unjustifiable, there is no need to canvass this mat...

10. 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...