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1. GotB Submissions in support of application to strike out - final [pdf, 227 KB]

   ...re-apply to CAA for another RESA approval. At that time its stated intention was to apply by “the end of March 2018”. 21. As it turns out, WIAL only applied to CAA on 30 April 2018 (ie a month later than it had originally stated). 22. CAA requested further information on 12 June 2018, and WIAL intended to provide that information by “mid-July” 20183. This was only provided to CAA on 8 August 2018.4 Further information was requested by CAA, and it was apparently only sa...

2. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [pdf, 164 KB]

   ...client stating that her NZQA assessment was for immigration purposes and not for registration as a secondary school teacher. She would have to ask NZQA for a teacher registration assessment. [17] The client and Mr P met on 11 June 2019. She requested termination of the agreement. Mr P asked her to wait until he came back to her with advice about other suitable visas and notification of whether Kitson could refund 50 per cent of the fee. [18] Mr Yong rang the client on the same...

3. LCRO 70/2020 FL v TP (8 October 2020) [pdf, 192 KB]

   ...identifying details of the parties in this decision have been changed Introduction [1] Ms FL has applied for a review of a determination by the [Area] Standards Committee [X] in which the Committee made a finding of unsatisfactory conduct against her former lawyer Mr TP in relation to delays in issuing invoices, but also took no further action in relation to her complaint that Mr TP had overcharged her. [2] Various penalty and compensation orders flowed from the Committee’s de...

4. [2022] NZACC 42 - Kidd v ACC (17 March 2022) [pdf, 293 KB]

   ...resolved. Background [2] On 18 October 2017, the appellant’s physiotherapist lodged a claim for a left rotator cuff sprain said to have occurred on 20 September 2017, when the appellant had been playing golf. [3] The ACC injury claim form had this description of injury: Playing golf, swung golf club and hurt left shoulder as overswung it. [4] In the physiotherapist’s assessment notes of the same day, he records, under the heading “current history”: 20/9/2017 s...

5. CC v BB LCRO 151/2012 (11 December 2015) [pdf, 155 KB]

   ...of title (or unique identifiers). [3] In [date] building consent [XXX] was issued for the construction of a dwelling and garage/workshop on the property, but the construction of the dwelling did not proceed and 1 Letter attached to complaint form (26 March 2012). 2 Agreement for Sale and Purchase (all versions). 3 Various correspondence from [The Firm]. 2 the consent was amended to permit the conversion of the garage/workshop to an accessory (habitable) building. [4]...

6. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...leave those unconsented structures in place. Timing [44] The alternative relief sought by Vortac in its application is that the time for compliance be extended to allow an application for consent to be lodged or a certificate of compliance to be requested. The affidavit of Mr Watt, the Council’s environmental consents manager sworn on 13 May 2022, states that 9 Ruddlesden v Kapiti Borough Council (1986) 11 NZTPA 301. 14 no application or request has been received. [45]...

7. [2022] NZACC 84 – Olliver v ACC (10 May 2022) [pdf, 200 KB]

   ...August 2020, Mr Olliver applied for a review of the Corporation’s decision. [35] On 7 August 2020, a further medical certificate was filed, asking for the diagnosis of pectoralis injury to be added to the claim. The Corporation investigated the request, again seeking updated medical records and a report from Mr Ianovski. [36] On 29 September 2020, Mr Ianovski advised: The patient had a pee major muscle local flap - the muscle was not injured, but rather transferred from his che...

8. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...heading. Incorrect and self-contradictory advice 26. BW submitted that UI gave her “contradictory and changing advice” that was “wholly inadequate and nonsensical”. 27. These sorts of criticisms are too general and subjective to form the basis of an argument that UI failed to meet her legal duty to exercise reasonable care and skill. 28. BW’s submissions contain several specific allegations about incorrect or misleading advice: a. In May 2019, UI prepared a let...

9. Macdonald v Accident Compensation Corporation (Further ruling on application to recall judgment) [2024] NZACC 29 [pdf, 236 KB]

   ...hearing itself (page 56 of the hearing transcript, line 20) and explained that: … We just simply ran out of time and I was asked to cut my presentation short and never got to this page. 8. We also communicated by email to the court on 31 July, requesting another half day hearing to give evidence in support of our re-hearing. At the beginning of the appeal hearing, Judge McGuire spoke to the change of time from 10.00am to 11.45am, and the additional documents I had provided fro...

10. Stryder v Accident Compensation Corporation (Interest on backdated weekly compensation) [2024] NZACC 124 (24 July 2024) [pdf, 184 KB]

    ...and that he was therefore entitled to backdated compensation for the period between 16 April 2014 to 11 October 2015.1 [7] In order to quantify the sum of Mr Stryder’s backdated weekly compensation, the Corporation drew on new and revised information. This included Mr Stryder’s reported earnings of $76,310.49 for the tax year ending 31 March 2014. [8] On 26 March 2021, the Corporation advised Mr Stryder that it had calculated his entitlement to backdated weekly compensa...