Search Results

1. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

   ...say, in a further liability from Tower Insurance Limited (Tower) to them of $10,000 less the excess of $150, being $9,850. [9] Taking a purposive approach to the interpretation of the insurance policy and taking account of the High Court’s judgment on the case stated, the Applicants’ reasonable expectation of Towers’ response to the Canterbury Earthquake Sequence (CES) was, therefore, that Tower would pay: (a) Up to the policy cap of $455,000 total in any one policy perio...

2. JK v SY LCRO 271/2013 (9 September 2016) [pdf, 76 KB]

   ...through the use of Visa credit cards. Only Mr [MN] had signed the credit card application and the credit cards had only been used by Mr [MN] and Ms [PQ]. Due to Mr [MN]’s bankruptcy and Ms [PQ’s] lack of resources, Mr [VW] concluded that any judgement relating to the credit card debts may not be satisfied. (i) The settlement of the [BANK]’s claim involved a range of legal and practical considerations. No conclusion can be drawn as to the strength of those claims from the fact...

3. [2022] NZACC 68 – Broughton v ACC (28 April 2022) [pdf, 233 KB]

   ...BROUGHTON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 22 March 2022 Held at: Auckland/Tāmaki Makaurau Appearances: M Williams for the appellant R Williams and S Churstain for the respondent Judgment: 28 April 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 25-26 , Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 7 September 2018. The...

4. [2021] NZACC 49 - Tinning v ACC (16 March 2021 [pdf, 196 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 February 2021 Heard at: Christchurch/Otautahi Appearances: Mr K Murray, advocate for the appellant Mr H Evans and Ms S Tzonis for the respondent Judgment: 16 March 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Vocational Independence – Section 6; Section 80; Sections 107-110 Accident Compensation Act 2001] ___...

5. Johnston v Accident Compensation Corporation (Work-related gradual-process injury) [2024] NZACC 54 [pdf, 261 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 March 2024 Held at: Hamilton/Kirikiriroa Appearances: L Findlater for the Appellant M Gall for the Accident Compensation Corporation (“the Corporation”) Judgment: 3 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual-process injury – s 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer d...

6. [2019] NZEnvC 112 Golf 2012 Limited v Thames Coromandel District Council [pdf, 24 MB]

   ...was the case although his legal analysis was that as the 'door had not closed' to the intent/expectation argument due to Council inaction, the land's use could and should be reconsidered with the appropriate residential zoning, as outlined in Mr Norwell's evidence, being placed over the entire site. 5.4 The Panel was told by a submitter's consultant Planner (Mr Lawrence) that the land was retained in private ownership due to a lack of action or will by the Counci...

7. [2018] NZEmpC 84 GSTech Ltd v A Labour Inspector of the MBIE [pdf, 285 KB]

   ...A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Defendant Hearing: 3 May 2018 (Heard at Wellington) Appearances: P McBride and F Lear, counsel for plaintiff C English, counsel for defendant Judgment: 25 July 2018 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] The Labour Inspector brought an action in the Employment Relations Authority against GSTech Ltd (GSTL) and Mr Sharma, the plaintiff company’s...

8. [2023] NZEmpC 235 Pact Group v Sheridan [pdf, 211 KB]

   ...AND ROSEANNE SHERIDAN Defendant Hearing: 1 December 2023 (Heard at Christchurch via Audio Visual Link) Appearances: M Couling and J Farrow, counsel for plaintiff P Cranney and E Griffin, counsel for defendant Judgment: 20 December 2023 JUDGMENT OF JUDGE K G SMITH [1] Roseanne Sheridan was employed by Pact Group as a Community Support Worker until she was dismissed for medical incapacity. She pursued a personal grievance for unj...

9. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (substantive) [2022] CEIT-2019-0074 [pdf, 1.8 MB]

   ...for the Court or Tribunal to accept or reject that allegation, once it has heard evidence on the allegations made. [126] It is not a statement made in support of a claim, other than in the most general sense that it is a statement made to seek judgment or an order of the Court or Tribunal. By the time the pleading was filed, Vero had already set out its position. It had, effectively, declined the claim. The claim had been made, but not accepted by Vero. The pleading was a conseq...

10. LCRO 184/2021 PW v QM (21 March 2023) [pdf, 184 KB]

    ...primarily responsible for payment of these fees. [35] Company A Ltd included the costs in its claim against Ms PW. Did Ms PW, thereby, become a ‘person chargeable with the bills of costs’? [36] This question was canvassed, in some detail, in the judgment of the Court of Appeal in Black v ASB Bank Ltd.11 [37] In that case, ASB Bank was entitled to claim indemnity costs against Mr Black. The Court noted that the party liable for indemnity costs had three avenues available, o...