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1. [2021] NZACC 124- Singh v ACC (4 August 2021) [pdf, 355 KB]

   ...that occurred on 9 January 2013. He also has cover for a lumbar sprain for another lifting accident that occurred on 9 February 2018. [2] An MRI scan in 2013 showed that Mr Singh had a disc protrusion at L5/S1.1 On 29 August 2013 a further request for ongoing physio treatment was submitted to ACC. ACC approved the further treatment. Mr Singh’s counsel argued that this was an application for additional cover in relation to the disc protrusion. As a result in a decision dated...

2. [2012] NZEmpC 135 Yu v Symbol Spreading Ltd [pdf, 65 KB]

   ...conference call between the parties. A date was fixed for a conference call on 8 May 2012 but on 2 May 2012 the Court received a letter from Mr Li’s accountant stating that Mr Li was out of the country until the end of May and a new date was requested for sometime after his return. On 8 June 2012, the Court received an email from Mr Li’s accountant which stated: I have received the attached letter from Mr Li via email which he has asked me to forward to you. I am beginning to...

3. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...a way of mitigating its discriminatory effects. Has a mechanism of consultation with indigenous peoples been established? 10. What concrete measures have been taken by the State party to protect immigrants, asylum- seekers and refugees from all forms of racial stereotyping and discrimination? Gender equality, violence against women and political rights (arts. 3, 7, 14 and 25) 11. Please indicate whether the State party has adopted targets to improve the representation of women...

4. AFF v ZUP [2013] NZDT 350 (19 November 2013) [pdf, 65 KB]

   ...it being masked at low speeds around town. Nevertheless, the existence of the fault establishes that the statement that the car was in excellent condition was regrettably not correct. Did that misrepresentation induce the purchase? [15] Upon request, ZUP arranged for AFF and her husband to obtain a mechanical check on the car from [a car mechanic]. The garage picked up one or two minor issues, but not the transmission fault. It is not clear whether the garage’s brief included g...

5. Sanquhar v Aberdeenshire LCRO 201 / 2009 (17 February 2010) [pdf, 56 KB]

   ...say proves their allegation. This includes a letter of 13 February 2009 from a Mr YY (stating that he dropped the agreement into the offices of Aberdeenshire ZZ and Co) and a further letter from him of 9 July 2009 (stating that he had made all requested amendments to the agreement). [10] I note that I am able to take these letters into account as evidence by s 207 of the Lawyers and Conveyancers Act. However, I accord them very little weight. In respect of the 13 February letter it...

6. Bosman v ACC [2011] NZACA 1 [pdf, 123 KB]

   ...receive [that] compensation immediately before the 1st day of July 1992” (as required by s 149(1) of the 1992 Act). [20] The decision was upheld by the District Court, High Court and Court of Appeal, finally on 2 November 2007. Reconsideration Request [21] On 8 December 2007, and notwithstanding the Court of Appeal’s decision, Mr Miller wrote to ACC asking that it reconsider application of s 149 of the 1992 Act to Mr Bosman. Letters from Mr Bosman’s family were attached....

7. JK v RQ LCRO 174 / 2011 (19 March 2012) [pdf, 75 KB]

   ...learned of this account (after she had ceased acting for the Applicant) because another section of the firm had acted in the conveyance (and had deposited L’s funds into that account); she had no recollection of, and could find no evidence of, a request for this information having been sent to her by the Applicant. [11] The Practitioner stated that the Applicant obtained further legal representation after he moved to Wellington. She referred to correspondence between L’s law...

8. V Nair v Devi [2014] NZIACDT 5 (29 January 2014) [pdf, 63 KB]

   ...professional who was required to keep and maintain records of her professional engagement (Clause 3 of the Code of Conduct); she should seek to explain the allegations in the complaint with reference to her records, and produce those records. She is requested to produce a full record of the fees claimed and paid. Directions - timetable [13] Within 10 working days of this direction, the adviser may provide further evidence and submissions relating to the complaint. 5 [1...

9. [2018] NZEmpC 40 Johnston v The Fletcher Construction Co Ltd [pdf, 262 KB]

   ...scheme, and the provision of mediation services under the Act, that any court-directed mediation is to be undertaken via this route. That is certainly the norm, although parties sometimes prefer (by agreement) to arrange a private mediation or request the Court to convene a judicial settlement conference. [8] I drew counsel’s attention to a judgment of the Court in McCulloch v New Zealand Fire Service Commission where the then Chief Judge made the following observations:3 [...

10. Clarkson - Mangaraire B No 2 (2016) 55 Takitimu MB 161 (55 TKT 161) [pdf, 304 KB]

    ...Mangamarie B13A Trust the sum of $43,956.16. Counsel submitted that this judgment had not been satisfied. It may be, Ms Bennett argued, that should enforcement proceedings commence against Ms Clarkson, then the shares now intended to be gifted could form part of any potential relief. 55 Tākitimu MB 163 [11] Counsel contended that in any case s 164 provides the Court with the discretion which she submitted should not be exercised in this instance pending the outcome of the o...