Search Results

1. TT & WK v MF [2022] NZDT 275 (7 November 2022) [pdf, 158 KB]

   ...condolences to MF’s family and to acknowledge TT and WK’s sensitivity around this. I would also like to note that my findings in this decision do not imply any fraud or misdeed by MF, who it appears always acted with integrity and on the basis of information he had been told by others and believed to be true. 4. DI is likely to be one of the executors of MF’s estate with her siblings. An application for probate has been filed but has not yet been granted. The claim proceeded again...

2. NP v X Trust & Ors [2023] NZDT 758 (5 December 2023) [pdf, 152 KB]

   ...[electrical company] supplied four 400W metal halide lights that were each hung by a chain only to a hook. QH says that this is because NP did not want them to become fixtures or fittings. 11. Having carefully considering the available evidence and information, and having heard from both parties, I am satisfied that the Lights became lessee’s fixtures when NP had them hung up from the roof of the Barn and had them wired into the electricity. I am satisfied that they did not become les...

3. IL v D Ltd [2024] NZDT 845 (5 December 2024) [pdf, 161 KB]

   ...pursuant to section 32(b)(ii) of the CGA is $3500 considering the merits and justice of the case. 34. Accordingly, I order D Ltd to refund IL a sum of $3500. Referee: S Malaviya Date: 5 December 2024 Page 5 of 5 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...

4. TK v UU and ors [2024] NZDT 286 (16 February 2024) [pdf, 213 KB]

   ...QN, HX and CT to shoot them, without telling them some of the deer had ear tags. I find it is not fair to hold QN, HX and CT responsible for the loss of the deer because they understood they were shooting feral deer. They were not given accurate information about the nature of the culling job to enable them to make a properly informed decision. 1 Sections 21 – 25. CI0301_CIV_DCDT_Order Page 3 of 4 Did TK contribute to the loss of the deer? 14. The respondents hav...

5. ZT v UU [2025] NZDT 210 (8 July 2025) [pdf, 192 KB]

   ...ZT does not know where they came from or at what price but estimates a price of $15-20 per bag or $75-100 in total at retail prices. 15. In arriving at a fair recognition of what damages ZT has incurred I must have regard to this work already performed but balance that with the risk that any products on site have deteriorated and CI0301_CIV_DCDT_Order Page 3 of 4 become unusable (or will be when a replacement contractor is found). I also acknowledge that ZT has tried to fair...

6. Mr-Rasheeds-Authorities.pdf [pdf, 7.1 MB]

   ...When the Orion was stopped, the driver ran away and when he was ordered to stop, he turned towards the Sergeant in what the Sergeant interpreted as an aggressive manner. His arms were down and his hands out of sight. In that short space of time, he formed the opinion that the deceased was a threat to his life. The man’s actions had not been of someone about to surrender. He was certain that there were no viable alternatives to discharging his own weapon. 21. Forensic examinations of t...

7. [2015] NZEmpC 98 Premier Events Group Ltd Ors v Beattie [pdf, 160 KB]

   ...Mr Beattie, although damages have yet to be considered and assessed on that claim. In that latter regard, the Court has now decided not to stay sealing of a certificate of judgment in favour of Mr Beattie against PEGL, but has allowed PEGL’s request to stay the balance of the proceedings in this court. 4 [8] The individual parties (Messrs Beattie and Regan and Ms Panapa) have exercised the leave to seek costs that was reserved to them at the conclusion of that judgment. [9]...

8. [2021] NZACC 93 - Estate of Bryant v ACC (30 June 2021) [pdf, 338 KB]

   ...– Failure to Diagnose Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue is the decision of the Accident Compensation Corporation dated 9 October 2015 declining the appellant’s claim for cover for a treatment injury. [2] In July-August 2014 she was diagnosed as having stage 4 adenocarcinoma of the lung and sadly died on 22 March 2018. Background [3] The appellant’s medical history is summarised in a tre...

9. [2021] NZACC 23 - Muirhead v ACC (28 January 2021) [pdf, 214 KB]

   ...“Diagnosis 1” was entered “trapezius left” and under “Diagnosis 2” was entered “trapezius right”. [3] The appellant was referred to a physiotherapist and the claim form listed no restrictions regarding her work. In response to a request from ACC, the appellant completed an ACC272 cover questionnaire form. [4] In this form dated, 3 March 2011, the appellant confirmed the symptoms she had first noticed were: Increasing pain and burning through both trapezius mus...

10. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

    ...The application Mr Manchanda prepared was a failed lodgement with Immigration New Zealand (INZ), due to the absence of a current police certificate; [2.2] At that point, the complainant was in New Zealand unlawfully and had limited options to request a visa, as generally a person who is in New Zealand without a current visa cannot apply for a visa; and [2.3] When the complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide f...