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Search results for statement of claim.

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  1. KG v TM [2020] NZDT 1416 (12 August 2020) [pdf, 213 KB]

    ...District Court [2020] NZDT 1416 APPLICANT KG RESPONDENT TM APPLICANT'S INSURER (if applicable) LMN Ltd The Tribunal orders: TM is to pay $4380.37 to LMN Ltd on or before 2 September 2020; and the counter-claim is dismissed. Reasons 1. KG and TM were the drivers involved in a minor motor vehicle collision as KG was turning left into the driveway of her workplace (TC, near the airport) at 3.30am. 2. TM had been travelling behind KG and say...

  2. TUW & TJW v TX & HL [2024] NZDT 358 (10 May 2024) [pdf, 186 KB]

    ...property. They first attempted to fill it on 18 January 2024 and found it to have significant leaks. They claim that it was not in working order at settlement date and seek compensation of $2,129.00 being a quote to have the spa repaired. They are also claiming for the return of the gate. 3. The issues to be resolved are: a. Is it more likely than not that the spa was not in working order as at 22 December 2023? b. Was there an agreement between the parties that TX and HL would g...

  3. Randle v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 068 (29 April 2025) [pdf, 183 KB]

    ...Appeal to High Court: s 162 Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of Her Honour, Judge Henare, delivered on 14 November 2024.1 At issue in the appeal was the appellant’s claim for costs and damages. The Court declined to award costs and damages, for the reasons outlined below. 1 Randle v Accident Compensation Corporation [2024] NZACC 181. 2 Background [2] On 31 March 2022, the Corporation dec...

  4. Schedule 2 to The Hon Ian Callinan AC’s Report [pdf, 931 KB]

    ...Heron: Explained that he is a Junior Law Officer and reports to the Attorney-General who is the Senior Law Office r. The Solicitor-General's role includes supervision of Crown prosecutions. The Crown takes its role in participating In compensation claims seriously and he is here to assist Mr Callinan. The Solicitor-General is available to address any iss ue of concern to the inquirer, but Mr Callinan's appointment and report are matters for the Ministry and Minister. Hon Ian Cal...

  5. KQ v HDC Ltd [2022] NZDT 153 (28 September 2022) [pdf, 96 KB]

    ...rejected this because of the evidence on the road of the coolant, which had leaked because of the collision. It had been right at the intersection and not down the road where HD alleged the collision had occurred. He also relied on a witness who gave a statement, and the statements of the parties. I agree with the Officer’s conclusions as to fault. 8. I find that HD breached his duty of care, causing the damage to KQ’s car. Was HD driving in his personal time or during work ti...

  6. C Ltd & UC v BO [2024] NZDT 805 (19 September 2024) [pdf, 127 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 805 APPLICANT C Ltd APPLICANT UC RESPONDENT BO APPLICANT'S INSURER J Ltd The Tribunal orders: 1. BO is to pay J Ltd $5,262.25 on or before 11 October 2024. 2. The counterclaim is dismissed. Reasons 1. On 3 June 2022, UC was driving a [vehicle], owed by C Ltd, North along [Road], about five car lengths behin...

  7. Burns v Argon Construction Ltd [pdf, 42 KB]

    ...after 1997. The cause of action [25] The claim is pleaded in tort although there was clearly a contract between the owners of the property and Argon. At the hearing on 2 September 2008 Mr Carden sought leave to file a draft amended statement of claim making out claims in contract and tort. [26] Prior to Mr Carden receiving instructions on this matter there was a history of delay by the claimants in finalising their claim. On 9 April 2008 I issued Procedural Order...

  8. LCRO 75/2022 BG v HC (25 October 2022) [pdf, 212 KB]

    ...discussed her case with the mediator following the mediation, and had been advised that the mediator considered she had good prospect of a “lucrative” outcome; and (d) BG’s attitude to her (and her case) had deteriorated when he had received statements from her former work colleagues; and (e) she had been coerced into continuing with the case; and (f) she had been advised that fees charged were excessive; and (g) BG had continued with enforcement proceedings when he was proh...

  9. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

    ...from Moekau Myra Moke to the respondent Niki Tuwhangai and June Maanga Orsmby (now deceased). Mrs Ormsby was the daughter of Mr Tuwhangai’s first cousin. The applicant is Mrs Ormsby’s daughter and executrix of her estate. [2] The applicant claims the order is incorrect because of a mistake, error or omission in the presentation of the facts of the case to the Court. She says there was no apparent justification for a change in the nature of the share ownership between Mr Tuwhang...

  10. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

    ...position of the trust, an order that the accounts for 2009-2011 be audited, that the present trustees be confirmed and that an annual general meeting that should have been held now be convened by the trustees as soon as possible. [2] The applicant claims, in effect, that one of the trustees, Vernon Winitana, has failed in his duty to account to the beneficiaries for use of trust funds and has placed himself in a conflict of interest by using trust funds to pay fees to a company, Nga...