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1. 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 ................

2. G Ltd v C Ltd [2024] NZDT 506 (25 June 2024) [pdf, 107 KB]

   ...referred to her ‘counter-claim’ but it was established that she meant her submissions in response to the claim which contained no reference to sums that C Ltd had spent or wished to claim. She did then state at the hearing that she wished to lodge a formal counter-claim. 5. Given that this matter has been through a rehearing process (because the respondent did not receive notices prior to the first hearing), and that the rehearing decision states that any counter-claim needed to b...

3. [2007] NZEmpC AC 59/07 Paki v Panel Holdings Ltd [pdf, 18 KB]

   ...Authority’s determination caused s181 of the Employment Relations Act 2000 to be engaged and, in particular, that Ms Paki may not have participated in the Authority’s investigation in a manner that was designed to resolve the issues involved. I requested the Authority to provide the Court with a report under s181(1). I agreed that the company should not have to plead to the statement of claim until Ms Paki’s solicitor on the record confirms to the Registrar that he had instr...

4. NZ Private Prosecution Service Ltd v Key (Service of Statement of Claim) [2015] NZHRRT 22 [pdf, 41 KB]

   ...direction that Ms Bailey be served with the proceedings is not a suggestion she should exercise her right to apply under s 108. It is simply a recognition that in fairness she should be in a position to make an informed 3 decision. While it is requested that Ms Bailey notify the Tribunal whether she intends availing herself of s 108, she does have the option of reserving her position until more is known. In the latter case she can file an address for service which will have the p...

5. EN v B Ltd [2023] NZDT 501 (3 October 2023) [pdf, 228 KB]

   ...$1500.00 for his losses? 12. Having found EN breached a term of his agreement, he is not entitled to claim his losses and accordingly the claim is dismissed. Referee: Nigel Wolland Date: 3 October 2023 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...

6. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

   ...circumstances, which related RVB’s employment. 12. The Applicants demanded to know the details of the change to the Respondents’ personal circumstances, which the Respondents claim is personal and they are not willing to disclose sensitive private information. 13. The case law proffered by the Applicants involves a purchaser that attempted to avoid a Sale and Purchase Agreement on a financing condition but for reasons other than financing. The court found that the Respondent h...

7. DX v E Ltd & DH [2024] NZDT 774 (17 September 2024) [pdf, 91 KB]

   ...paid for the joinery, and before he picked it up, his builder told him the joinery needed to meet the NZ standard 0.46 for thermally broken joinery to get building consent. He checked and found out the joinery did not meet this standard, therefore, he formed an opinion that CB gave him false information about the joinery, which induced him to enter into the contract. 4. CB gave evidence that DX told him he was looking for double glazed joinery and that is what he showed him. DX did not...

8. 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...

9. KL v C Ltd [2025] NZDT 262 (17 June 2025) [pdf, 140 KB]

   ...provisions of the Building Act 2004, and if so what damages are payable? Background 3. In August 2020 KL and C Ltd entered into an Agreement for Sale and Purchase of Real Estate which is recorded in the 10th edition of the ADLS/REINZ standard form contract with a number of additional further terms of sale. 4. KL agreed to buy unit 4 in a development of four townhouses to be built on a property at [address 1] (KL’s townhouse is now known as [address 2]). The purchase price w...

10. Turkmani v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 127 (24 July 2024) [pdf, 256 KB]

    ...report to ACC 14/04/2016 a way forward would be for the client to be referred by his GP to him at Christchurch Public Hospital for further management. 6 [17] On 7 May 2017, Mr Dalzell completed an Assessment Report and Treatment Plan (ARTP) requesting the Corporation to fund an instrumented decompression and fusion procedure at the L4/5 level. The diagnosis was a pars defect at L4/5. As to the causal link between the proposed treatment and the covered injury, Mr Dalzell said...