Search Results

1. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

   ...allows a $500.00 credit for HE and QE as FB Ltd failed to install flashings for the sunroom windows. Is FB Ltd liable for the damage to the benchtop? 48. Carrying out a whole-house windows and doors replacement is a substantial and invasive job, affecting every room in the house. It would be miraculous for such work to not result in some minor accidental damage to surrounding areas and objects. 49. For FB Ltd to be liable, it would have to be shown that FB Ltd or its subcontrac...

2. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...Sun submitted that she has no prior history of offending, she surrendered her license straight away after the complaint and that she has shown remorse. She says that she is not capable of paying the amount sought by the Committee as she has no job, her marriage has broken down and she is supporting her two daughters. DISCUSSION [36] We consider Ms Sun’s conduct to be at the higher level of misconduct. There were multiple breaches of the Rules by Ms Sun. Ms Sun did not take adequat...

3. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

   ...eye injury. [22] On 29 December 2020, Ms Jo Protzman, Occupational Assessor, recorded that Mr Leaf had been in the workforce for more than 15 years, including work as a timber mill worker, scaffolder, and security guard. She identified nine job types for which she considered Mr Leaf to have suitable experience and skills, these being Sawmilling Operator, Scaffolder, Commercial Cleaner, Labourer (not otherwise specified), Ticket Collector, Delivery Driver, Store person, Despatchin...

4. Queensell-Logan v Accident Compensation Corporation (Interlocutory application for orders for proposed witnesses to attend hearing in person) [2024] NZACC 099 (12 June 2024) [pdf, 240 KB]

   ...injury or an insurance company like some of your staff? How would you like it if I came to your house and removed stuff as part of a housing mod and it was not replaced? Do you believe that you are above the Taxpayers of New Zealand being in the job you are? Do you think you could handle looking after a disabled 9-year-old child for a day or more? Do you feel the law has been followed by ACC 100%? [13] Both applications ask for the matter to be “moved” to the High Court in the...

5. Watson v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 110 (2 July 2024) [pdf, 276 KB]

   ...possible CRPS developing. [18] On 28 June 2012, Ms Olivia Cassin, Senior Clinical Psychologist, reported on Ms Watson’s attendance at a series of clinical psychology sessions. Ms Cassin noted that Ms Watson had decided to return to her previous job, and that she had a number of ongoing psychological and psychosocial issues that were unrelated to her injury. [19] On 4 May 2021, Ms Watson, through her representative, Ms Koloni, filed a review application stating that the Corporati...

6. Mostafa v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 155 [pdf, 178 KB]

   ...around his upper arm, but I 4 cannot see any indications for any nerve entrapment or concerns here on today’s assessment. I have reassured Said today and advised him to commence his normal work activities and he is keen to look for a new job and get on with his life. [14] On 29 November 2019, the medical note of Mr Mostafa’s medical clinic recorded: Ongoing throbbing hot pain in R arm. Taking anti-inflammatories. Main issue is having ongoing weakness in R grip. [15]...

7. MOJ0343.1_YoungWit_Mar18_WEB.pdf [pdf, 1.8 MB]

   ...email the police officer in charge at any time to find out what is happening with the case. Court victim advisor If you are a victim of a crime, a court victim advisor will get in touch with you after the defendant first goes to court. It is their job to tell you what is happening in your case and what you can do. They can also tell you where to get emotional and financial support. You can contact your court victim advisor directly, or through the Victims Information Line on 0800 65...

8. McConnor v New Zealand Law Society [2024] NZLCDT 13 (16 May 2024) [pdf, 165 KB]

   ...simile is inept. Although we are not in a criminal-related exercise, to answer Mr McConnor’s allusion in like terms, our task is more akin to the deliberations of the Parole Board deciding if, or upon what terms, to release a prisoner. To do our job, we need to consider the full picture. 5 [11] All the reported cases show the importance, to our forward-looking task, of measuring the present depth of shadow cast by previous wrongdoing. For example, the recent High Court...

9. Prasad v Accident Compensation Corporation (Leave to Appeal to the High Court) [2025] NZACC 34 (26 February 2025) [pdf, 280 KB]

   ...to refer Mr Prasad for an independent medical assessment with another Occupational Physician. Following receipt of this assessment, it was proposed a new cover decision issue with fresh review rights. [23] It was discovered that a functional job description of Mr Prasad’s work had already been carried out by Occupational Therapist, Sarah McEntee, and the parties agreed to rely on this report. [24] The Corporation then obtained a Complex Medical Case Review report from Dr Pay...

10. [2024] NZEmpC 221 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 226 KB]

    ...Authority’s determination but, instead, concentrating on discrete parts of it. [30] Some weight was added to that observation by a reference to Ms Kelliher’s evidence touching on industry problems in applying pt 6A. Mr McGuinness referred to her job as including responsibilities for compliance with pt 6A, in an industry where cleaning contracts are routinely won and lost. Her evidence included encountering reasonably common inconsistencies, misapprehensions or errors in interp...