Search Results

1. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   ...AW’s clients have pursued complaint. Four have not. [16] Mr HK, on behalf of the four applicants, makes complaint that Mr AW: (a) Had advised that legal costs for each client would be pegged at $10,000. (b) Had failed to provide documents when requested. (c) Had continued to hold funds of $40,000, in the absence of explanation as to why those funds were being retained. [17] In response to the initial complaint, Mr AW submitted that: (a) Mr DV had, at all material times, represe...

2. Flawn v Accident Compensation Corporation (Individual Rehabilitation Plan) [2024] NZACC 142 [pdf, 587 KB]

   ...evidence. [28] The pain management service referral (undated) recorded the outcome as reducing the impacts of pain from injury affecting Ms Flawn’s daily activities and the ability to do her job. Additional comments included: Support being requested-a multi-disciplinary approach. All relevant information-at this time cover has not been given for mental injury however this process is being worked through. Specific service elements for provider consideration-GP and client confirmi...

3. [2014] NZEmpC 62 Casey v Sensi Merivale Limited [pdf, 107 KB]

   ...not possibly succeed and had persisted in those proceedings after that fact had been drawn to the plaintiff’s attention. 6 The plaintiff also cites the recent judgment of this Court in Asiaciti Trust New Zealand Ltd v Harris in support of her claims to costs. 7 [5] The defendant accepts that it is appropriate for the Court to consider an award of costs covering the proceedings in the Authority, despite costs having been reserved by it. I agree that it is open to the Court to d...

4. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...residual value in those materials and that MH & QH should not be expected to be put to the cost of dismantling the pergola until they have been paid by I Ltd. Referee: T Prowse Date: 2 November 2023. 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 a...

5. DS v SI [2024] NZDT 729 (23 September 2024) [pdf, 118 KB]

   ...was a misrepresentation about the EQC status of the home. 31. The total cost to remedy these issues is $16,670.17 (being $16,000 + $670.17) Referee: S Simmonds Date: 23 September 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 a r...

6. IEAA - 2013 annual report [pdf, 45 KB]

   ...or the 8 Small Claims Courts as the IEAA will not assume concurrent jurisdiction which could lead to conflicting decisions. CONCLUSION 21. The IEAA has had a limited function during the past 12 months. It has met once at the request of the Ministry of Education Policy Division in Wellington and twice in Auckland. It has not received a large number of demanding files and with only a small number of complaints it is gratifying that there were no real outstanding...

7. CQ & BQ v KN & TN [2024] NZDT 329 (4 March 2024) [pdf, 198 KB]

   ...states: The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 13. I do not consider that I have the power under s 18(6) to order that no fence be built on the driveway boundary. That is because, although the section refers to determining the dispute according to the substantial...

8. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...position at Raeward Fresh. She also spent $440 on new clothes to wear when working at Eftpos Easy. [20] On Sunday 20 January 2002, Ms Burgess went to Eftpos Easy where she was shown how to operate the telephone system. This was at Ms Reynolds’ request. [21] Ms Burgess began work at Eftpos Easy as arranged on Monday 21 January 2002. Her hours of work were 8.30am to 5pm each day with half an hour for lunch. [22] The Eftpos Easy premises were located inside the premises of ano...

9. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

   ...concern. However a finding of that nature is not open on the available evidence. Costs revision [8] While cost did not form a central aspect of Ms Linton‘s original complaint it has been treated as a costs complaint. Accordingly Ms Linton has requested that that aspect of the decision of the Standards Committee be reviewed. [9] At the hearing I pointed out that the costs assessor, who was a specialist (presumably in the area of employment litigation), was better placed than I to...

10. [2021] NZACC 96 – Prater v ACC (6 July 2021) [pdf, 237 KB]

    ...period 1 June 2018 to July 2019. [89] The Court has already observed that as at August 2018 treatment for the right shoulder was provided pursuant to the covered sprain injuries. [90] The investigations by WellNZ continued into 2019 with the requested case reviews from Dr Hilliard and Mr Pai. There are therefore two periods requiring clearer investigations of incapacity. [91] The first period is November 2017 to July 2019. The second period is post July 2019. [92] The...