Search Results

1. Edwards v Ross - Waikite 3A (2023) 293 Waiariki MB 110 (293 WAR 110) [pdf, 262 KB]

   ...their descendants wished to retain an interest through the whanau trust; • Jim is the Kaitiaki and has the right to occupy (exclusive possession) for his life without payment of rent, but will pay rates; • Jim to repair and maintain, at his cost, the buildings to the condition they were in when the tenancy agreement was signed; • New structures require discussion with and approval of the whanau trust; • That a formal tenancy agreement or occupation order be completed. [9...

2. [2023] NZREADT 6 - NQ v Real Estate Agents Authority (CAC2104) (4 April 2023) [pdf, 289 KB]

   ...$50,000. He declined. The property was then sold to the purchaser. [11] According to the purchaser, he was denied being the highest bidder below reserve. He realistically expected to get the property at $1.9M, so the actions of the auctioneer had cost him $100,000. [12] The purchaser added that he was also concerned about the advertising which misrepresented the property as located on the shoreline and referred to a fifth bedroom which could not be classified as a bedroom....

3. [2022] NZACC 106 - Easthope v ACC (2 June 2022) [pdf, 186 KB]

   ...requests. Such conclusions fly in the face of an undeniably awful injury to his neck, shoulders and spine arising from the spear tackle in 1986. [30] Nevertheless, for the foregoing reasons the appeal is dismissed. [31] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Medico Law, Auckland for the respondent.

4. [2022] NZACC 158 – Sua v ACC (16 August 2022) [pdf, 224 KB]

   ...is entitled to cover. [67] Accordingly, the appeal is allowed and WellNZ’s decision of 28 April 2020 declining cover for an abscess of the appellant’s right foot, is reversed. [68] The parties have leave to file memoranda in respect of costs, should the need arise. Judge C J McGuire District Court Judge Solicitors: Medico Law Limited, Grey Lynn

5. Williams v The Attorney General - Allotment 20 Parish of Waiheke (Waiheke Station) (2022) 238 Waikato Maniapoto MB 83 (238 WMN 83) [pdf, 270 KB]

   ...and will become a matter for Parliament. Notwithstanding its position above, the respondents have agreed to the declaration, instead of applying for strike-out, as a pragmatic solution to bring these proceedings to an end and to prevent further costs being incurred. Declining to replead to resolve a live issue The respondents also wish to have it recorded that one of the apparent live disputes between the parties is the definition of who, and who does not, fall within the Waiheke...

6. [2022] NZACC 5 – Estate of Raymond Morris v ACC (18 January 2022) [pdf, 182 KB]

   ...probabilities, that he suffered personal injury, when receiving treatment during his surgery in 2014. [44] The decision of the Reviewer dated 18 August 2020 is therefore upheld. This appeal is dismissed. 11 [45] I make no order as to costs. P R Spiller District Court Judge Solicitors: Medico Law Ltd for the respondent.

7. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

   ...jurisdiction, I am satisfied that no ground has been established warranting the making of an order recalling this decision. [45] The application for leave to recall the Authority’s 2018 Substantive Decision is dismissed. There is no issue as to costs. Judge AA Sinclair District Court Judge Solicitors: Medico Law Limited, Solicitors, Auckland

8. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...impossible for me to foresee what may develop at the resumed hearing, I am satisfied that there are no grounds upon which the applicant should have relief. Accordingly the application is dismissed. I do not consider that it is an appropriate case for costs. Solicitors: f • Macalister Mazengarb, Wellington, for Applicant Crown Solicitor. Christchurch, for Respondent Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13...

9. [2022] NZACC 15 – Creighton v ACC (26 January 2022) [pdf, 254 KB]

   ...find that on the totality of the evidence in this case he has satisfied the onus of proving that the Corporation’s decision is wrong. [47] Accordingly, for the foregoing reasons, I must dismiss this appeal. [48] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Meredith Connell, Wellington for the respondent 2 Ewart v Accident Compensation Corporation [2002] NZACC 51. 3 Accident Compensation Corporation v Huckl...

10. Tamati v Hond - Paora Aneti 17 & 18 (2022) 446 Aotea MB 184 (446 AOT 184) [pdf, 252 KB]

    ...relief. That is, if the AGM proceeds in its current form, there is a fair chance that I will find there were substantive and procedural flaws, potentially invalidating the AGM and the specific resolutions made, creating the need to re-run it at more cost and delay for all. [30] There is also a chance that the AGM will be fraught with elevated mistrust, given the revelation at the hearing that the trustees did deliberately change the voting requirements, (based on advice from the M...