Search Results

1. [2021] NZACC 92 - Cowan v ACC [pdf, 173 KB]

   ...Cowan’s pain and dysfunction and said, amongst other things: “It is likely that the fall caused previously, largely asymptomatic facet joints and discs to worsen and become symptomatic leading to his current state of symptoms and dysfunction.” In response to a question asked of him, Mr Mistry said further: “I do believe the accident event on 14.8.2013 is a significant contributor to his current condition…”. [15] Two months later on 9 May 2016, Branch Medical Advisor Dr Ra...

2. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

   ...individual has to apply and be referred to an impairment assessor to organise an appointment prior to passing away. This means we are unable to offer a lump sum payment to (Mr Simpson’s) estate now or in the future. [40] In November 2020 in response to an Official Information Act request by Ms Woodhouse, counsel for the appellant, ACC answered a number of questions. [41] In answer to the question when did ACC determine that mesothelioma would attract the automatic highest lump...

3. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [9] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessitate any further submission from...

4. [2022] NZEnvC 208 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 739 KB]

   ...meritorious case for rehearing [30] I do not need to traverse the discretionary matters but record that GVL does not come close to establishing a meritorious case for rehearing. [31] Arguments about how QLDC is exercising its planning and consenting responsibilities are misplaced in a rehearing application as the court is not a planning authority and a consent appeal is not an appropriate forum for any such mqwry. [32] Matters of procedural fairness, natural justice and the interest...

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

   ...Ltd of any defects within a reasonable time. HE and QE notified FB Ltd that they were unhappy with the width of the door W12 opening shortly after installation. CI0301_CIV_DCDT_Order Page 4 of 7 30. HE and QE were unhappy with FB Ltd’s response and added a complaint about door W18 as well. As time has gone by and matters not resolved to HE and QE’ liking, they have gone on to add more issues to the list, now including all doors, which they sent to FB Ltd in September 2022, w...

6. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...purchaser that withdrawing an offer because of a negative building report could have a significant impact on a vendor, compared to withdrawing due to finance. The latter reason would be less off-putting to future buyers. [7] Mr Sheldon’s response left the prospective purchaser to understand that he was being asked to change the reason for the withdrawal and to say the offer was withdrawn due to finance, not a building report. THE TRIBUNAL’S DECISION [8] In its decision, t...

7. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...processing Ms van Kleef’s disclosure application. As noted earlier, Alliance has taken the position that it would provide documents, even if, on its view of the issues, these are not necessarily relevant. I am satisfied it has now discharged its responsibilities with regard to disclosure. [34] As there are no further issues arising from the originating application of 23 June 2021, I dismiss that application and reserve costs in relation to it. Amended statement of claim...

8. W v Secretary for Justice [2023] NZRA 003 (5 May 2023) [pdf, 225 KB]

   ...do not plan and undertake the examination, cross-examination, and re-examination of witnesses, and they do not have to make decisions as to which witnesses should be called at trial, or the order in which they should be called. They have no responsibility to communicate appropriately with a client or other represented party, or to manage the relationship with that party throughout the process. Finally, a judge’s clerk’s experience will not include advising that party whether,...

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

   ...subacromial subdeltoid bursitis. External rotation is unrestricted and the inferior glenohumeral ligament is not thickened this (sic), findings are not typical of adhesive capsulitis. [23] On 16 August 2020, Mr Welsh commented on the ultrasound in response to questions posed by WorkAon: 6 1. Do you consider the current diagnoses have been caused by the accident? No, the diagnoses of supraspinatus tear, subacromial and subdeltoid bursitis describe the observed changes in the...

10. 2023-09-26-Evidence-of-David-Dunlop-Transport.PDF [PDF, 982 KB]

    ...Multi Criteria Analysis Summary Report (Detailed Business Case Phase) (“DBC MCA”) included in Volume II to the NoR. (c) Volume III to the NoR: Drawings and Plans. (d) Section 92 request issued by the Council (“S92”). (e) Section 92 Response by Waka Kotahi (“S92 Response”). (f) The s198D Transport Assessment of Tim Kelly for HDC. (g) The statement of evidence of Lonnie Dalzell (Project Overview) on behalf of Waka Kotahi NZ Transport Agency dated 4 July 2023. (h)...