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  1. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

    ...is remitted back to the Corporation under s 108(9) of the Act to issue a fresh decision with review rights. [29] Counsel have 14 days in which to comment on the interim directions before they become final. [30] There is no order as to costs. DATED at Wellington this 7th day of March 2014 ………………………………. R Bedford Respondent

  2. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

    ...of Building and Housing on 13 July 2009. The assessor’s report concluded that the dwelling was a leaky home and recommended a full reclad over a cavity. [2] Keven carried out the recommended remedial work in 2010 and is claiming remedial costs of $360,780 from Mr and Mrs Montgomery, Mr Bramwell and Mr Simpson. Keven Page | 3 alleges that Mr and Mrs Montgomery were developers and also that they, together with Mr Bramwell, breached the warranty under clause 6.2(5) o...

  3. Adair v ACC [2012] NZACA 8 [pdf, 69 KB]

    ...mental consequences of the injuries which may cause or contribute to his incapacity to work, whether or not these would qualify as covered psychiatric conditions under the later legislation. [76] Mr Bell is invited to file submissions concerning costs within 21 days, with Mr Barnett to file any response within a further 21 days. [77] Leave is reserved to seek further directions as necessary. DATED at WELLINGTON this 6th day of June 2012 _____...

  4. Williams v ACC [2012] NZACA 17 [pdf, 165 KB]

    ...already commenced, a copy of this decision is to be provided to every specialist, assessor and/or medical practitioner involved. [67] As Mr Williams is not legally represented and this decision has been made on the papers, there is no order as to costs. DATED at WELLINGTON this 29th day of November 2012 ________________________ R Bedford ACA 6-12.doc

  5. Deputy Registrar - Allotment 5 Parish of Tahawai (2008) 96 Tauranga MB 52 (96 T 52) [pdf, 3.8 MB]

    ...WBOPDC that the block is not customruy Maori land for the reasons set out in Faulkner v Tauranga District Council [1996] I NZLR 357 and in the Te Raupatu 0 Tauranga Moana (2004) Report. [87] Counsel are at liberty to file memoranda conceniing costs if they should so wish. I do make the following comments however. On the question of whether the block was customruy Maori land, that argument by Mr Faulkner was always bound to fail. At the hearing the trustees represented by Mr Sharp...

  6. Witehira - Awarua A25 (2008) 128 Whangarei MB 282 (128 WH 282) [pdf, 3.5 MB]

    ...in advance by a meeting of tmstees. Both the engagement of the ilum advisor and the repairs to the house were e),.1raordinary purchases. They should have been approved in advance, but were not. Had the tmstees not retrospectively approved those costs, then the trustee who individually authorised the expenditure would have found himself or herself personally liable for the debt. 128 Whangarei MB 292 [34] I accept that both of these extraordinary purchases could be justified, but a...

  7. LCRO 174/2017 DN v CI [pdf, 328 KB]

    ...made it clear to Mr DN that there was “no point of …contacting” the Broker, which had “released the deposit”, until Mr DN had resolved his dispute with the Vendor. [25] In conclusion, Ms CI refers to Mr DN’s statement to her that “it cost much less to bring a complaint against [her] to force [her] to pay the money” as opposed to suing the Vendor as she recommended to him. Review on the papers [26] The parties agreed to the review being dealt with on the papers. Th...

  8. [2016] NZEmpC 179 Lyttelton Port Co Ltd v The Rail and Maritime Transport Union & Anor [pdf, 231 KB]

    ...are to advise the Registrar by 5 January 2017 as to their views on that possibility. [75] Any party requiring a substantive hearing with regard to this proceeding is to file a memorandum to that effect by 31 January 2017. [76] I reserve costs; any application in that regard is to be filed and served by the same date. I will then timetable any such application for disposition. BA Corkill Judge Judgment signed at 2.45 pm on 29 December 2016...