Search Results

1. Williams v Accident Compensation Corporation [2017] NZHRRT 26 [pdf, 174 KB]

   ...of lower back pain dating back to an injury in 1984. In late 2012 he sustained further injury to his neck and spine in the course of his employment as a truck driver. In support of his ACC claim he submitted a number of medical reports. At the request of ACC he was on 10 April 2014 seen and assessed by Dr Roderick Douglas, Occupational Medicine Specialist. In a report dated 10 April 2014 addressed to ACC Dr Douglas expressed the opinion that while Mr Williams had injured his neck and...

2. [2010] NZEmpC 77 Poulter v Antipodean Growers Ltd [pdf, 37 KB]

   ...[5] The defendant has taken no steps whatsoever in respect of the challenge despite being served with the proceedings. Accordingly, once the time limit for the defendant to take steps in the proceedings had expired, they were set down for a formal proof hearing. [6] The matter proceeded by way of formal proof on 27 April 2010. Mr Poulter himself gave evidence confirming the allegations contained in his amended statement of claim, his brief of evidence and other documentation. I

3. Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237 (28 WMN 237) [pdf, 141 KB]

   ...Lees Morgan, DX HP40001, Tauranga, ahopkinson@clmlaw.co.nz Mr C M Bidois, East Brewster, DX JP30017, Rotorua, bidois@eastbrewster.co.nz 28 Waikato Maniapoto MB 238 Introduction [1] In a reserved judgment dated 22 July 2011 I dismissed the claims of the applicants against the defendants. The second third party was partially successful against the applicants. 1 [2] The defendants have filed a memorandum dated 5 August 2011 seeking costs. Their costs including GST and disb...

4. LP v VS & Ors LCRO 170 / 2011 (17 May 2012) [pdf, 86 KB]

   ...current complaints have about them the flavour of action intended, at least in part, to cause trouble or annoyance to the Respondents. Undoubtedly they fulfil the dictionary definition quoted above. [39] Therefore I must reject the Applicant’s request that his actions not be described as “vexatious”. I am satisfied firstly that these complaints, both court related and bank account/receipt matters, were “vexatious” as defined, and secondly that the Standards Committee’s...

5. AFE Ltd v ZUR Ltd and ZUQ [2013] NZDT 150 (25 June 2013) [pdf, 67 KB]

   ...increasing because ZUR Ltd was changing its mind as to what was required. In particular, ZUR Ltd wanted a simpler machine than was formerly intended when the contract was made between them, and later wanted a collapsible hub which also had not formed part of the required design when the contract was created. SK states that ZUR Ltd ought to have known that such changes would result an increased number of payable design hours. [14] While I acknowledge CM’s point that small changes...

6. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...historical claims of each iwi and hapū comprising Ngā Mana Whenua o Tāmaki Makaurau is progressing, and in some cases has been completed through negotiations with the Crown. It is intended the redress provided by the collective deed will ultimately form part of each of these individual iwi or hapū settlements. 4. The Bill provides the Tūpuna Taonga o Tāmaki Makaurau Trust (the Taonga Trust), is the beneficiary of the cultural redress provided under the Bill. This includes the ve...

7. FG v TT [2018] NZDT 1060 (9 March 2018) [pdf, 134 KB]

   ...this email but contend that FG took too long to notify them of any rejections. However, they did not respond to the email of April 2016 with any timeframe requirement for rejection so there was no timeframe determined by the contract formed between the parties. I find that given all the above, and particularly the nature of the product, being live plant material, and the quantity supplied (54,000 rootstocks), it was reasonable for FG to examine individual cuttings...

8. LCRO 98/2019 EL v SV, DV & JV (31 March 2021) [pdf, 510 KB]

   ...files. (b) Mr EL’s time records were handwritten. Not all timesheets were on files. 6 (c) Mr EL’s lack of engagement in the assessment process left the assessor “in a difficult position in working through … information.” Several requests were made for a conference with Mr EL, but no responses were received. (d) In relation to each of the client-matter files: (i) Probate and administration: the review revealed “relatively poor file management” and “the lack of...

9. TU v Hakaoro [2013] NZIACDT 67 (8 October 2013) [pdf, 164 KB]

   ...2011, in pursuance of instructions from the complainant. Mr Hakaoro said these instructions were received as a “social worker”. [86] However, the instructions related to the custody of her children. The complainant gave evidence that one of the forms of pressure used by Mr Hakaoro when sexually propositioning her was that he could secure the right for her children to come to New Zealand. Regardless, it is not consistent with the professional relationship having been terminated prior...

10. AT v Accident Compensation Corporation (Mental Injury) [2023] NZACC 131 [pdf, 401 KB]

    ...appellant’s identifying particulars [3] The appeal involves a sensitive claim based in part on sexual abuse of the appellant as a child and its effect on the appellant’s mental health. This clearly involves traumatic and deeply personal information relating to the appellant. I am of the opinion that it is necessary and appropriate to make orders prohibiting publication of the appellant’s identifying particulars under s 160(1), (2) and (3) of the Accident Compensation Act 200...