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1. Stowers v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 24 [pdf, 156 KB]

   ...Stowers. This Court notes that Mr Stowers signed the Notice of Appeal on 1 August 2022, and that Ms Woodhouse signed the Authority to Act on 3 August 2022 (the due date for filing the appeal). The Court therefore accepts that Mr Stowers was not responsible for the late filing of the appeal. [14] This Court is satisfied that Mr Sowers’ delay arose out of error or inadvertence which was beyond his control. (c) The conduct of the parties [15] The Supreme Court observed that a...

2. [2023] NZEmpC 54 Halse v Employment Relations Authority [pdf, 215 KB]

   ...role in this proceeding. He also noted that if there were outstanding issues for resolution, the Court may wish to invite the Solicitor-General to appoint counsel to assist the Court and to provide contrary argument on relevant points. [10] In response to Mr Watson’s submissions, Mr Halse argued that the proceeding could not be characterised as moot, because the judicial review claim brought against the Authority itself had not been resolved. Mr Halse did not accept Mr Watson’...

3. Kaulima v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 33 [pdf, 155 KB]

   ...stated that the reasons for the delay were that his Notice of Appeal had been missorted by the postal service. 3 Above, note 2. 5 [14] This Court is satisfied that Mr Kaulima’s delay arose out of understandable error, which was not his responsibility, rather than his change of mind or indecision. (c) The conduct of the parties [15] The Supreme Court observed that a history of non-cooperation and/or delay by an applicant might be relevant. [16] This Court is not...

4. FINAL-Kaupapa-Inquiry-Claimant-Form-Tuapapa-Events-Editable-WK.pdf [pdf, 5.2 MB]

   ...claim form, you are certifying that the information is a true and correct record. Send in this form You can fill in this form online and email it to ClaimantFunding@justice.govt.nz, or post to: Te Tāhū o te Ture – Ministry of Justice Crown Response to Justice System Kaupapa Inquiry DX SX 10042 Wellington New Zealand 6 Additional information for costs being claimed If needed use this additional space to fill in further information relating to the costs being claimed...

5. Kaupapa-Inquiry-Claimant-Form-Tuapapa-Events-Editable.pdf [pdf, 5.2 MB]

   ...claim form, you are certifying that the information is a true and correct record. Send in this form You can fill in this form online and email it to ClaimantFunding@justice.govt.nz, or post to: Te Tāhū o te Ture – Ministry of Justice Crown Response to Justice System Kaupapa Inquiry DX SX 10042 Wellington New Zealand 6 Additional information for costs being claimed If needed use this additional space to fill in further information relating to the costs being claimed...

6. QQ v TQ [2022] NZDT 41 (19 April 2022) [pdf, 102 KB]

   ...via that forum. I am satisfied that the message trail between the parties confirms it was not their intention that the booking was to be made through the [Website C] website. QQ specifically asked if he was to book through the website and TQ’s text response was “No just direct is best” and sent him the bank account number for the deposit to be paid into. Therefore I am not persuaded that the cancellation/refund policy of any of these booking platforms applies or can be implied into t...

7. OX v QT Ltd [2021] NZDT 1671 (16 August 2021) [pdf, 95 KB]

   ...to be enforceable the terms of the contract need to be certain and clear. 9. QT’s letter infers there was a contract between the parties. The letter states: “Our terms and conditions that you are directed to on out signage state that you are responsible for all costs of recovering our debt, this includers lawyers costs and court fees and any other costs of time etc spent in court”. 10. QT has not supplied any evidence of signs that are in the carpark. From the contents of...

8. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...contract frustrated? 8. The Contract and Commercial Law Act 2017 (“CCLA”) contains provisions that deal with circumstances generally described as a “frustrated” contract. This is where a significant event occurs for which neither party is responsible, and from which the whole basis of what remains of the contract is dramatically different from that contemplated by the parties. If a contract is deemed to be frustrated, the contract can be said to be discharged and money paid un...

9. DD TU v BM [2021] NZDT 1607 (10 August 2021) [pdf, 198 KB]

   ...vehicle. He said that he had described it in his Trademe advertisement as being in good condition. He had, when he owned it, driven the vehicle on frequent and long trips with no problems, and had not needed to top up oil or water between services. In response to the applicants’ enquiries, he had pointed out that the vehicle had had an oil leak, which was no more than a “weep’. Although he had been aware of the head gasket problem, he had not specifically drawn it to the applicants�...

10. E v U Ltd [2021] NZDT 1689 (22 December 2021) [pdf, 213 KB]

    ...insurer sought to rely on a clause in the insurance policy stating, “All your statements about this policy and any claim must be honest, correct and complete.” The policy allows the insurer to decline a claim if the insured does not comply with these responsibilities. 8. The applicants pointed out that the Fair Insurance Code 2020 states that an insurer will treat fairly and with utmost good faith. The insurer’s representative agreed that this obligation would be implied into the...