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1. Langhorne v ACC [2010] NZACA 11 [pdf, 78 KB]

   ...appellant’s costs before the issuing of the Authority’s decision. [100] With respect, costs inevitably follow the outcome of any proceedings. It is inevitable that costs would be considered following the Appeal Authority’s decision. [101] Further, it was agreed at the appeal hearing that the issue of costs would be dealt with following the Appeal Authority’s decision. [102] The same principles applicable to an award on appeal apply to an award for preparation of sub...

2. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...which the orders sought would apply is located at at 20C Fowler Access Road , Puhoi, legally described as Part Lot 2 on Deposited Plan 5 167491 and being all the land contained and described in the Computer Freehold Register with Identifier NA 101 C/61 0 (the Site). The Site has an area of 1.0216 hectares. Attached to this decision as Appendix 1 is the aerial photograph attached to the application and referred to in the orders which identifies the various buildings by references...

3. LCRO 143/2017 AC v BT (19 February 2019) [pdf, 211 KB]

   ...29 At [24]. 17 … to seek guidance from another lawyer” on professional conduct issues,30 or “for the effective operation of the lawyer’s practice including arranging insurance cover or collection of professional fees”.31 [101] The communications produced to the Committee, and to this Office exchanged (a) by Ms NB, Ms KV with Ms AC, and (b) by Ms BT with Ms AC suggest that Ms NB, and Ms KV, were aware of the relationship property matter, and equally Ms BT was aw...

4. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...defendant’s involvement in the employment and advertising as one global breach and in the soliciting as the other. For each of these breaches the company is ordered to pay $2,500 making a total penalty of $5,000. Application of penalties [101] Mr Taylor asked that any amount ordered as a penalty should be paid to the plaintiff who has no other satisfactory recourse against the first defendant to recover what has been lost as a result of Mr Wilson’s action. In particular the pl...

5. O'Reilly v CAC301 & Anor [2015] NZREADT 15 [pdf, 295 KB]

   ...members. Any references in Club minutes to a guarantee to Westpac are used in the more informal sense that the Governing Body had assured Westpac that it would provide information and documentation if the Club’s finances deteriorated further. [101] It seems to us that, once appointed as licensed salesperson, Mrs Buchanan acted as salesperson with full disclosure of her other roles and financial interests within the Club; took diligent steps to avoid any conflict of interests; and carr...

6. [2021] NZACC 172 – Shaftyat v ACC (5 November 2021) [pdf, 409 KB]

   ...degeneration in males in their 20s is at 17% prevalence. [100] Further, there are the GP notes from 1 July 2013, 3 July 2014 and October 2015, each referring to pain radiating down one or other or both legs, suggesting a long-standing problem. [101] Therefore, I find the preponderance of the evidence supports a degenerative cause of his lumbar spine condition and that there is insufficient evidence for me to conclude that this condition was caused even in part by the accident. [...

7. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...interpreted and applied fairly and sensibly,20 and with proper and careful attention to the protective purpose of the disciplinary jurisdiction, its consumer protection objectives, and the need to ensure consistency in the application of those rules. [101] It is important, when considering the conduct, to give a proper consideration to the circumstances which preceded Mr SC’s request of Mr JT. [102] Whilst it is Mr SC’s conduct which is under scrutiny in this review, and it is n...

8. Tsirakoff v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 148 [pdf, 331 KB]

   ...cause any current dysfunction, let alone any incapacity dating back to 1991. He could not comment on the relation between her current state and the 1990 accident because the accident was too long ago and there was insufficient documentation. [101] Against this reporting, is Ms Tsirakoff evidence. In her answers to questions considered by Dr Thakurdas, there is mention of her multiple injuries from 1993 to 2013. Ms Tsirakoff stated, “The reason I had to stop work was the pain me...

9. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...Failing to respond to settlement offers [20] Mr AB asserts that Ms CD failed to respond to settlement offers submitted through his lawyers, thereby increasing his legal fees. Mr AB submits that it is at least arguable that Ms CD is in breach of r 10.1. Refusal to engage in discussions to release funds [21] Mr AB accuses Ms CD of persistent silence when requested to release the funds held by EFs on account of costs. Summary [22] Mr AB says that overall, Ms CD’s and Mr EF’...

10. LCRO 223/2020 LD v BD and HW (27 May 2021) [pdf, 219 KB]

    ...the Court of Appeal. The memorandum traversed the jurisdictional issues raised by the removal application, noting that the Employment Court’s leave can only be granted once the ERA has made a decision declining to remove the proceedings. [101] Ms BD argued that because of this fundamental jurisdictional barrier to Ms LD’s removal application being considered by the Employment Court, in dismissing it the Court should order her to pay indemnity costs. [102] Ms BD described the...