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1. Taukamo v ACC [2014] NZACA 12 [pdf, 163 KB]

   ...accept Mr Wilson’s report and recommendation, which confirms that ACC understood the appeal to have been brought against the ACC decision letter of 17 December 1999. 5 The second decision letter dated 24 November 2006 referred to Ms Taukamo’s request that ACC reimburse her $82,000.00 for cannabis purchased for pain relief. The request was declined because there is no provision in ACC legislation that allows for payment for illegal drugs. 5 For the period 1 July 1988 to 5...

2. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before. As one cannot comprehensively list all possible forms of abuse, so one cannot formulate any hard and fast rule to determine whether, on given facts, abuse is to be found or not … Properly applied, and whatever the legitimacy of its descent, the rule has in my view a valuable part to play...

3. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...Complaints Service was unable to ascertain the status of the two sets of proceedings, but concluded that although Mr FB may well have filed proceedings in the High Court, there were issues about service on Mr LK. [15] The Committee made several requests to both Mr FB and Mr LK for clarification, but matters were not able to be advanced. [16] Nevertheless, Mr LK provided a brief response to Mr FB’s complaint. Response by Mr LK [17] In his letter to the Complaints Service dated 31...

4. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...against whom a complaint has been upheld to pay any part of the costs or expenses of the inquiry. No such order is sought by the Authority. Mr MacLeod has cooperated in the disciplinary process. No order will be made. [73] The complainant has requested that the Tribunal not adjudicate on “costs”. In any event, the Tribunal has no jurisdiction to make an award for the costs of any party (usually a reference to legal costs). A party’s expenses resulting from the reference...

5. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...NZLCDT 38. 21 Family Protection Act 1980. 13 litigation to a late stage. This would have included, at the least, pleadings, procedural motions, any discovery, and at least two substantive affidavits. That work remained in place and formed the foundations for the trial. The further set of lawyers that assumed the file shortly before trial did not have to start from the beginning and there is no evidence that either Ms L or the Legal Services Agency incurred identifiable...

6. LO v BH Ltd [2019] NZDT 1555 (5 August 2019) [pdf, 154 KB]

   ...suite because the items came together initially as one suite, that is, the same contract. Conclusion 16. For the reasons above, BH Ltd must pay LO $2,700.00. Referee: Ms G Jaduram Date: 5 August 2019 Page 3 of 3 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 or a mistake was made. If you wish to ap...

7. DN v TQ [2021] NZDT 1632 (4 October 2021) [pdf, 213 KB]

   ...by 1/3 to reflect DN’s contribution. 24. For these reasons, TQ is to pay DN the sum of $1,748.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K Johnson Date: 04 October 2021 Page 4 of 4 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 reh...

8. X School v H Ltd [2023] NZDT 338 (13 July 2023) [pdf, 199 KB]

   ...funds? iii. Did H’s failure to notify X when costs exceeded available funds cause a loss? CI0301_CIV_DCDT_Order Page 2 of 4 9. The law of contract is central to this dispute. The contract signed between the parties was titled, “short form agreement for consultant engagement.” The parties are familiar with contracts. Was H the project manager? 10. It was clear that H was the project manager. The Ministry of Education requires that a project manager be appointed to larg...

9. DO v TC [2022] NZDT 264 (23 December 2022) [pdf, 177 KB]

   ...DO could have sold the wreck for, had it not been stolen) — as TC is insured by YZ Ltd, it is her insurance company that will actually be making that payment. Referee Perfect Date: 23 December 2022 Page 3 of 3 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 reh...

10. U Ltd v J Ltd [2024] NZHDT 88 (30 January 2024) [pdf, 99 KB]

    ...not entitled to withdraw from the contract without J Ltd’s agreement. As J Ltd said in the hearing, it could have chosen to sue U Ltd to complete the purchase. 8. U Ltd attempted to cancel the contract in July 2023 and rather than suing for performance, J Ltd accepted that the contract with U Ltd was over. This means that the contract between U Ltd and J Ltd has been cancelled. 9. Section 42 of the Contract and Commercial Law Act 2017 (CCLA) says that when a contract is cancell...