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1. Defending a proceeding in the District Court

   ...judgment by default Defending a general civil proceeding – someone wants to recover money or settle a dispute A person who wants to recover money or settle a dispute with another person or organisation can file an application in a District Court. Claims worth more than $350,000 are dealt with in the High Court (except if Inland Revenue is the plaintiff or the claim is for unpaid rates). A person who starts a proceeding is the plaintiff and the person or organisation against whom a claim is m...

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   4. Representing yourself in a civil case in the District Court

2. [2021] NZACC 37 - Hood v ACC (18 February 2021) [pdf, 152 KB]

   ...However, in Mr Hood’s situation where the supraspinatus is the only muscle working, this may well be enough to tip the balance leading to the ongoing symptoms. Further Evidence Following Hearing [18] Following the hearing on 8 June 2020, I requested that a second opinion be sought from a Radiologist to clarify the status of the “suspected arterial border tear of the supraspinatus” noted by the reporting Radiologist on the MRI scan and by Mr Hong. [19] A report was pro...

3. Copyright Licensing Limited v Universities of NZ [2013] NZCOP 18 [pdf, 213 KB]

   ...and Mr J Wach Counsel for Respondents: Mr RJ Katz QC 2 Introduction [1] By interlocutory application filed on 9 May 2013 (“the Application”), the Respondents seek a declaration as to the true nature of the documents comprised in a formal reference to the Copyright Tribunal (“the Tribunal”) made by the Applicant (“CLL”) on 28 February 2013. While CLL says that what it has referred to the Tribunal is a “proposed licensing scheme” under s 149 of the Copyright Act...

4. Mullen - Hongoeka 4A (2006) 176 Aotea MB 191 (176 AOT 191) [pdf, 3.5 MB]

   ...the Mullen application for access I have relied on assurances from Mrs Ashton and her brothers that they do not intend to sell Hongoeka 4A now or in the foreseeable future. Indeed, they emphatically denied that possibility and stressed that the request for access was to enable the family to enjoy their lands and build for themselves. While I appreciate that over time priorities and needs can alter, nonetheless it must be underscored that the access now granted is specific to the cur...

5. [2021] NZACC 51 - Wylie v ACC (17 March 2021) [pdf, 206 KB]

   ...scan through the cervical spinal cord – and I have put that proposition to her. Although she was not particularly keen to submit to the scan forthwith because of various commitments she has at present, she suggested that I should write out the request form for it and give it to her, with a view to her arranging an appointment at a time slightly more convenient for her and her life circumstances. Accordingly, I have written out a request form for an MRI scan of both the cervical...

6. Findlay v Auckland City Council [pdf, 108 KB]

   ...engaged Mr Slater on a labour-only contract and that he had directly engaged the other contractors did not make him the head-contractor. Mr Findlay claims that Mr Slater owed the claimants a duty of care to ensure that the building work was performed in accordance with the specifications. Mr Slater’s Construction Experience [58] Mr Findlay contracted with his friend Mr Armstrong for the electrical work. He sought advice from Mr Armstrong concerning house building and...

7. [2008] NZEmpC AC 14/08 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [pdf, 80 KB]

   ...reasonable time and opportunity to provide an explanation; • an employer, before making a final decision, may need to make further inquiries to be satisfied of the facts of a matter causing concern; • an employee must be advised of the right to request representation at any stage; • where there is a requirement to advise of any corrective action, there be a reasonable opportunity to amend conduct; • if an allegation is sufficiently serious, an employee may be suspended...

8. HL v UB [2024] NZDT 339 (8 July 2024) [pdf, 136 KB]

   ...applicant’s insurer has sent letters to the respondent holding him liable for what happened here. There has been no response. If someone else was the driver of the vehicle involved in the incident with the applicant, UB has had an ample opportunity to inform K Ltd as to who that might be. I am satisfied that it is more likely than not that UB was the driver. CI0301_CIV_DCDT_Order Page 2 of 3 5) I accept the applicant’s evidence as to the event that has lead to this cl...

9. I Ltd v C Ltd [2024] NZDT 637 (16 August 2024) [pdf, 172 KB]

   ...were engaged to do were completed as required and invoices provided. The Applicant states that the Respondent requested a breakdown of the hours and materials, which was provided. The Applicant accepts that there were delays in providing the information. 4. The Applicant states that they were not paid for the work done. 5. The Respondent states that the works were completed but as the invoices were not sufficiently substantiated, for the purposes of their client, SZ, they did...

10. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

    ...solution I seek to resolve the matter: In the mean time I wish to reserve the right to proceed with this personal grievance process. With extreme regret, i am hereby tendering my resignation. Please arrange proper handover as soon as possible. My requested finish date with NZ Sugar is 12th April unless I am informed of otherwise. Best regards Jie [21] I have set this letter out in full because it indicates the difference in perception between Ms Gilroy and Mr Chen as to the ev...