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1. [2021] NZACC 119 - Koloni v ACC (03 August 2021) [pdf, 238 KB]

   ...gradual process or disease, and so she is not entitled to cover in terms of the Act. [63] In the light of the above findings, the decision of the Reviewer of 13 August 2018 is upheld. This appeal is dismissed. [64] I make no order as to costs. P R Spiller District Court Judge Solicitors: Ford Sumner for the respondent 14 De Vos v Accident Compensation Corporation [2003] NZACC 9, at [21]. 15 Sultana v Accident Compensation Corporation [2019] NZACC 74, a...

2. [2021] NZACC 156 - Holton v ACC (4 October 2021) [pdf, 380 KB]

   ...suspending entitlements to weekly compensation, treatment and rehabilitation are reversed, as is ACC’s decision of 25 March 2019 declining to pay for surgery to treat lumbar spine foraminal stenosis at L2/3 level. Should there be any issue as to costs counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: ACC and Employment Law, Auckland for the appellant Medico Law Limited, Auckland for the res...

3. 2022-02-11 Statement of Evidence of Samuel Thomas dated 11 February 2022 [pdf, 390 KB]

   ...McGlone MS. 2002. Reconstruction of Urban Stormwater Contamination of an Estuary using Catchment History and Sediment Profile Dating. Estuaries. 25(1):43-56 https://doi.org/10.1016/j.jembe.2009.02.015 18 Swales A, Gibbs M, Olsen G, Ovenden R, Costly K, Stephens T. 2016. Sources of eroded soils and their contribution to long-term sedimentation in the firth of Thames, Waikato Regional Council Technical report 2016/32 Gibbs M and Swales A. 2019. Historical Sediment Source Appor...

4. [2021] NZACC 18 - Haronga v ACC (18 January 2021) [pdf, 214 KB]

   ...injury, being the changes to the discs of his lower spine. [79] Accordingly, the appeal is allowed, the review decision is quashed and the Corporation’s decision dated 15 November 2017 is set aside. [80] Mr Haronga is entitled to reasonable costs and disbursements which I am confident the parties will be able to agree. Judge Denese Henare District Court Judge Solicitors: Ford, Sumner, Wellington for the respondent

5. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

   ...inequitable to require repayment. ACR 230-18 Haugh Result [74] The appeal is allowed. The Corporation’s decision dated 14 September 2016 is quashed and the review decision dated 29 June 2018 is set aside. [75] The appeal is one of complexity and costs are awarded on a 3B basis under the District Court Rules. Judge Denese Henare District Court Judge Solicitors: Andrew Beck, Barrister, Greytown for the appellant Young Hunter, Wellingt...

6. [2022] NZEmpC 56 Urban Décor Ltd v Yu [pdf, 290 KB]

   ...dismissed. [93] The challenge on the second issue of whether Ms Yu and Ms Jin were dismissed succeeds. The Authority’s finding of unjustified dismissal is set aside. It follows that the ensuing monetary award is also set aside. [94] I reserve costs. The parties should attempt to resolve this issue. If they are unable to do so, any application should be filed within 15 working days of the date of this judgment. Any response is to be filed within 15 working days thereafter....

7. [2022] NZACC 30 – Estate of Su v ACC (3 March 2022) [pdf, 380 KB]

   ...most appropriate way. [113] It follows from the foregoing that I therefore must dismiss this appeal. 7 Adlam at para [54]. 8 See Cumberland n6. 9 Adlam at para [52]. ACR 150-20-Du Xiang Su Judgment [114] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Meredith Connell, Wellington for the respondent

8. [2021] NZACC 191 - Smith v ACC (1 December 2021) [pdf, 201 KB]

   ...claimed as the injury date and the date which was the subject of the appellant’s unsuccessful review), or on 6 December 2010 as the appellant now maintains. [121] Both appeals are therefore dismissed. [122] Should there be any issue as to costs counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: Henderson Reeves, Whangarei for the appellant Medico Law Limited, Auckland for the respondent...

9. LCRO 139/2020 MX v RJ and DJ (30 September 2021) [pdf, 252 KB]

   ...and not considered at the settlement conference; and (d) her complaint was genuine and raised a matter of considerable significance for her; and (e) her fellow trustees were reluctant to become involved in matters that would likely cause more costs to the estate but Ms MX considers that they would be happy to see “funds returned”. Review on the papers [25] When a review application is filed with the LCRO, an appraisal of the file is completed to address a number of admini...

10. [2021] NZACC 98 – Newman v ACC (6 July 2021) [pdf, 314 KB]

    ...due to alleged degenerative factors. [49] I am therefore satisfied on the balance of probabilities that the Reviewer’s decision was wrong and that the accident caused the tears. The appeal is therefore granted. [50] Ms Newman is entitled to costs and disbursements, which I hope counsel will be able to resolve between them. If not, then I will receive memoranda. Nicola Mathers District Court Judge