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  1. Quigley v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 46 [pdf, 155 KB]

    ...[2022] NZACC 246 ACR 196/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ERIC QUIGLEY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: M Williams for the Appellant S Arnold for the Respondent Date of Judgment: 9 December 2022 JUDGMENT OF JUDGE P R SPILLER [Late filing of an appeal to the District Court – s 151, Acc...

  2. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

    UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN SHONA KAY McELROY, ROGER IAN McELROY and RUSSELL STUART MELVILLE as Trustees of the Shona and Roger McElroy Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation

  3. Estate of Daniel Malone v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 145 (28 August 2024) [pdf, 203 KB]

    ...[2024] NZACC 145 ACAR 162/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ESTATE OF DANIEL MALONE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: M Malone for the Appellant S Arnold for the Respondent Date of Judgment: 28 August 2024 JUDGMENT OF JUDGE D L HENARE [Late filing of an appeal to the District Court – s 151, Acci...

  4. [2007] NZEmpC AC 60A/07 X v Bay of Plenty DHB [pdf, 47 KB]

    ...Authority BETWEEN X Plaintiff AND BAY OF PLENTY DISTRICT HEALTH BOARD Defendant Hearing: 4 December 2007 (Heard at Auckland) Appearances: Jim Roberts and Alison Maelzer, counsel for plaintiff Philip Skelton, counsel for defendant Judgment: 10 December 2007 REASONS FOR JUDGMENT OF JUDGE B S TRAVIS [1] On 4 December 2007 I gave a brief oral judgment, because of the urgency of the matter, declining to hear a challenge on the grounds that it was barred by s...

  5. A J Ball Family Trust [2012] NZWHT Auckland 37 [pdf, 93 KB]

    ...The High Court has consistently held that the built by date is the point at which the house was physically constructed and not the date of the final inspection or the date the CCC issued. The determination of that point is always a matter of judgment based on all the available information. Was the dwelling at 44b Carlisle Road built within the ten years before the claim was filed? [12] In reaching a decision on the “built” date it is helpful to set out a chronology...

  6. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

    ...CGA s 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. CI0301_CIV_DCDT_Order Page 2 of 3 6. NH Ltd provided an email from his concrete layer stating that he has eight years of experience, that he believes the job has been done in...

  7. Tonks v Stone [pdf, 105 KB]

    ...$114,399.00 inclusive of GST. 8.3 No other orders are made and no orders for costs are made. NOTICE Pursuant to s.41(1)(b)(iii) of the WHRS Act 2002 the statement is made that if an application to enforce this determination by entry as a judgment is made and any party takes no steps in relation thereto, the consequences are that it is likely that judgment will be entered for the amount for which payment has been ordered and steps taken to enforce that judgment in accordance w...

  8. BORA Arbitration Amendment Bill [pdf, 167 KB]

    ...make directions permitting information to be published if all parties agree and the court is satisfied that the information if published would not reveal any matter a party reasonably wishes to remain confidential, or if the court considers that a judgment is of major legal interest. Subclause (3) provides that if a party reasonably wishes to conceal any matter in published reports, the court must make a direction as to the action to be taken to conceal that matter in those reports and may...

  9. The Intersecting Lines - Business interests and personal autonomy [pdf, 335 KB]

    The intersecting lines Business interests and personal autonomy Paper prepared for Lecture to Employment Law Class University of Waikato, 12 September 2018 by Chief Judge Christina Inglis1 “Everyone has the right to respect for his private and family life, his home and his correspondence.” Article 8 of the European Convention on Human Rights2 Article 8, and how it is to be applied in practice, has excited a considerable amount of attention overseas. As a Eu...