Search Results

1. N Ltd v SH [2023] NZDT 295 (24 May 2023) [pdf, 126 KB]

   ...refused to speak to the crew and drove away. 4. SH claims that crew #2 were only present for 10 minutes to assist with the fridge and that this cost was not made clear in the contract, nor was it something he agreed to. He claims that he did inform N Ltd about the fridge, and that N Ltd should have ensured they sent out a team capable of lifting the fridge instead of having to send out more crew. 5. N Ltd claim that had they known about the fridge prior to the move, that they...

2. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...largely agreed with Mr Dalton’s evidence at the hearing. No other expert evidence disputed any of these conclusions. In particular I accept Mr Dalton’s and Mr Bukowski’s evidence that vertical control joints were absent or at best poorly formed. Mr Ballard did not attend the hearing to explain how he joined the sheets. Mr Dalton’s and Mr Bukowki’s evidence was objective, credible and carefully considered. Mr Dalton and Mr Bukowski considered that the defects in connecti...

3. Chalecki v Accident Compensation Corporation (Personal injury/Deemed cover) [2024] NZACC 147 (2 September 2024) [pdf, 356 KB]

   ...Within the Statutory Timeframes? .......................................................... [51] Cover for a C7/T1 Disc Prolapse and Declining Funding for Surgery Whether There Was Already Cover for C7/T1 Disc Prolapse at the Time the Surgery Request Lodged? .................................................. [66] If no Pre-existing Cover, Whether C7/T1 Disc Prolapse was Caused by the 14 September 2020 Accident ........................................... [69] Conclusion ................

4. MJ v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 220 [pdf, 195 KB]

   ...the appellant’s level of impairment had changed since her previous assessment was noted as being “Now unable to work/loss of confidence. Situation has deteriorated”. Medical consultation notes by Dr Conolly dated 10 December 2008 record “forms filled in for reassessment of sensitive claim”, 3 with symptoms noted as “depression, loss of confidence, panic attacks and flash backs”. Dr Conolly also lodged an ACC54 form for the purpose of applying for the reassessment...

5. BN & KN as trustees for the N Trust v I Ltd [2024] NZDT 188 (8 February 2024) [pdf, 182 KB]

   ...Ltd. They had allowed for this sum as a set-off in the claim that they filed. As their obligation to pay it is not disputed, they must pay that sum to I Ltd. Referee: C Hawes Date: 8 February 2024 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...

6. BC v KQ & EQ [2024] NZDT 146 (15 April 2024) [pdf, 193 KB]

   ...4. The issues to be resolved are: a. Has KQ paid for the car as agreed? b. If not, is BC entitled to $4,900.00 as claimed? Has KQ paid for the car as agreed? CI0301_CIV_DCDT_Order Page 2 of 4 5. Contract law requires parties to perform the promises they make to each other unless there is a valid legal reason not to. 6. I find KQ has not paid for the car as agreed. 7. I reach that finding because KQ and EQ acknowledge that despite being given bank account details X...

7. BN & QN v EG [2024] NZDT 884 (22 December 2024) [pdf, 105 KB]

   ...been issued on the day of inspection, based on a specialist investigator’s conclusion; f. while my focus is on evidence presented, rather than absent, I refer to that as an example of the type of evidence which can be unequivocal and form the basis of a finding. QN and BN offered evidence from their structural engineer which clearly confirms existence of substantial rust. However, Mr M’s evidence appears to me to be outside of that working familiarity with both the V...

8. BI v O Ltd [2024] NZDT 269 (27 February 2024) [pdf, 182 KB]

   ...service by OX was reasonable. I have considered BI and KI’s submissions that KI was misled when she relied on the technician’s telling her that they could fix the chip in the windscreen. However, I am satisfied that OX took all precautions and informed KI appropriately. There was an offer made by OX to give a discount to KI if she wanted her windscreen replaced by Novus West, however this was not taken up. The fee for attempting to fix the chip of $100 was not charged. 10. I find B...

9. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...application for orders that a preliminary question of liability be the subject of separate trial; the plaintiff’s challenge to the third defendant’s notice of objection to disclosure of documents; and the plaintiff’s application for letters of request for evidence to be taken overseas. [2] It is necessary first to outline the nature of the proceedings between the parties as pleaded. I should emphasise that, except where allegations are admitted, this summary of the case is...

10. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

    ...Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 July 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 4 March 2022 declining Mr Giddy’s request for weekly compensation. Procedural matter [2] Prior to the hearing of this appeal, the parties’ representatives were requested to provide an agreed statement of facts and issues in this appeal, and the Court 2 recei...