Search Results

1. Easthope v Accident Compensation Corporation (Entitlements) [2023] NZACC 158 [pdf, 209 KB]

   ...a neck sprain and lumbar sprain. Background [5] On 17 May 1986, Mr Easthope suffered an accident while playing rugby league. It appears that this accident involved him being spear tackled to the ground. [6] ACC’s records are sparse. The claim registration date recorded in ACC’s system is 23 March 1989. The Corporation’s records show that it made a lump sum payment to Mr Easthope in 1989 based on an 8% whole person impairment. [7] ACC also funded surgery on Mr Easthope�€...

2. Legal aid review of criminal legal aid fixed fees - 2013 [pdf, 627 KB]

   ...providers are called before a Duty Lawyer is assigned. These changes apply only to cases where the court requires counsel on the same day – i.e. urgent (same day) cases – and do not apply to other cases described by Legal Aid Services as urgent applications. 2. Exceptions from rotational assignment Current operation allows for exceptions from rotational assignment. These exceptions can be found on page 8 of the Granting Manual. Private providers have recently told us that...

3. Recording Industry Association of New Zealand v CAL2012-E000627 [2013] NZCOP 9 [pdf, 168 KB]

   [2013] NZCOP 9 COP 014/12 UNDER The Copyright Act 1994 BETWEEN RECORDING INDUSTRY ASSOCIATION OF NEW ZEALAND INCORPORATED Applicant (Rights Owner) AND CAL2012-E000627 Respondent (Account Holder) BEFORE THE COPYRIGHT TRIBUNAL WARWICK SMITH HEARING ON THE PAPERS DECISION The Application [1] This is an application by Recording Industry Association of New Zealand Incorporated (“the Applicant”) for an order under s.122O of the Copyright (I...

4. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   ...took an assignment of all claims he may have in respect of that reduction, $75,000.00. The claim was eventually for one half of the cost of repairs and recovery of that sum of $75,000.00 plus other relief. The claim is allowed to be made in that form; the claimants are entitled to make those claims and that the assignment was valid. 2.3 The claim for consultants' costs is disallowed as these were costs in the adjudication. The claim is discounted by one half of the cost...

5. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...report was provided and CL and NN proceeded with buying the house. 2. In early 2023, after the [City] storms, CL decided to go under the house to thoroughly check its condition. He discovered evidence of rot on sub-floor timbers including piles. The applicants contend that the damage would have been present when BT of B Ltd inspected the house in 2016 and/or that the cause of the rot should have been identified to them as a problem with the house (they contend that the rot has been caus...

6. SM v QN & FM [2024] NZDT 398 (14 June 2024) [pdf, 92 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 398 APPLICANT SM RESPONDENT QN SECOND RESPONDENT FM The Tribunal orders: 1. The claim is dismissed. Reasons 1. The applicant flatted with the respondents, and disputed sums owed after leaving. 2. Having reviewed all the evidence and submissions made on the matter, it was established that neither party is required...

7. Te Awe Awe v Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 (2016) 354 Aotea MB 213 (354 AOT 213) [pdf, 301 KB]

   ...to remove her is unfounded and displays a lack of loyalty to a whānau member who she says has achieved much for the hapū. [3] Ms Te Awe Awe-Bevan filed a letter of resignation dated 13 January 2016. Notwithstanding the letter the trustees requested that the application for removal be heard and determined. The final hearing was held on 9 March 2016. 1 Issue [4] The issue for determination is whether or not the respondent should be removed for cause as a trustee. The follo...

8. [2020] NZREADT 04 - Singh - Ruling regarding release of file (20 February 2020) [pdf, 166 KB]

   ...Committee Mr A J Woodhouse, on behalf of Mr Singh Ms J Badenhorst, on behalf of Mr Govindarajan Date of Ruling: 20 February 2020 ____________________________________________________________________ RULING OF THE TRIBUNAL (Application by Mr Govindarajan for disclosure of the Tribunal’s file) ____________________________________________________________________ Introduction [1] The Tribunal is required to consider an application for disclosure of its f...

9. Trustees in the Section 3 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Tautuku Survey District (2017) 42 Te Waipounamu MB 284 (42 TWP 284) [pdf, 180 KB]

   ...respondents claimed to have sent an email notifying the applicants that they had removed their livestock from the Heads block. Further, it was their belief that an injunction hearing was unnecessary because they had already removed their sheep before the request for an injunction. [11] Regarding the application for costs, the respondents asked the Court to take into consideration that the applicants had only been partially successful in their application. Discussion Should costs b...

10. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

    ...for the collision. If so, was there damage caused to TH’s car? 38. I have viewed the photos and I have also read the Motor Vehicle repair assessment provided by TH’s insurer. I am satisfied that there was damage caused to TH’s car as claimed. CI0301_CIV_DCDT_Order Page 4 of 5 39. I am also satisfied that the damage caused is consistent with the collision as it has been described. If so, what is the remedy? 40. The normal measure of damages in a claim of ne...