Search Results

1. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...shared parking area with no security or protection, this is a full defence to U Ltd not taking reasonable care with the vehicle. Therefore, the claim is dismissed. Referee: C Price Date: 17 April 2024 Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

2. Sheeran v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 130 (30 July 2024) [pdf, 231 KB]

   ............................................................................................................................... [3] Facts ............................................................................................................................ [4] The Claim ............................................................................................................ [5] Lump Sum Application .........................................................................................

3. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...The plaintiff filed a document entitled “Application Regarding Matters of Law” on 10 February. The document set out the reasons why Miss Scarborough considered that the Court should refer the matter back to the Authority; advised that she had requested an investigation into her dismissal by the Ministry of Social Development; contended that the Authority member had not carried out a thorough investigation and did not have material evidence to support her determination; and that...

4. [2015] NZEmpC 35 Coy v Commissioner of Police [pdf, 592 KB]

   ...station [143] Constructive dismissal? [159] Application of s 122 Employment Relations Act 2000 [206] An observation [214] Remedies for unjustified disadvantages [216] Costs [217] Introduction [1] The issues in this proceeding between a former police officer and the Commissioner of Police as her employer, include:  whether the Commissioner disadvantaged Christine Coy unjustifiably in her employment; and  whether Ms Coy was dismissed constructively;  if so, whet...

5. HO & KT v QN Ltd [2021] NZDT 1708 (21 December 2021) [pdf, 106 KB]

   ...was evicted on 15 July 2021. 5. HO and KT contend that QN Ltd breached its contractual obligations to them by failing to follow up properly with the tenant, failing to ensure the tenant had received the notice and failing to keep them properly informed about the lack of response from the tenant upon attempts at contact. 6. They claim $23,355.50, being $14,325.75 late settlement penalty paid to their purchaser, Council rates of $269.12, loan repayment from 4 June to 23 July of $207...

6. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...headstone for her mother. She began making payments towards the second headstone, which was fully paid by 2022. 7. In December 2021, ON Ltd sold the business to SCX, STX’s niece. SCX operated the business as a sole trader. 8. DX was informed of the change of ownership, and she dealt with SCX after December 2021. 9. DX made several requests to view the completed headstones but was not given that opportunity. 10. DX did not see the headstones until 3 June 2023, the day bef...

7. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar Between S Y and R Y Complainants AND Jia (Christina) Xue Adviser No information identifying the complainants to be published DECISION REPRESENTATION: Registrar: Mr A Dumbleton, lawyer, Ministry of Business, Innovation and Employment, Auckland Complainants: Mr A Tsang, Prestige Lawyers, Auckland...

8. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...appropriate. In addition, she failed to initiate the professional engagement and document her instructions in accordance with the Code of Conduct. [5] The Tribunal gave the parties the opportunity to address the Tribunal in relation to sanctions. It also requested that the Registrar provide information regarding the cost of investigating the complaint. [6] In the course of responding, both parties revisited factual matters. [7] This present decision addresses two issues: [7.1] The p...

9. MacDonald v Accident Compensation Corporation (Personal Injury/Costs on Review) [2023] NZACC 175 [pdf, 339 KB]

   ...Injury, Causation s 26; Costs on Review s 148 Accident Compensation Act 2001] ___________________________________________________________________________ [1] In respect of appeal ACR 306/21, three issues are identified: (a) Cover in relation to a claimed injury, namely a below knee amputation (right leg). This is claimed to the be the consequence of an insect bite, but said to have been sustained after onset of significant symptoms of substantial vascular disease; (b) Provision o...

10. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

    ...directions. On 8 August 2017, a notice of intention to appear was on behalf of Counsel Bidois for the respondents (transferees), filed a memorandum seeking a timetable for applicant’s evidence. The memorandum is summarised below: i. Counsel requested timetabling directions for filing of the applicant’s evidence; and ii. The applicant has not produced evidence to prove that the order is erroneous Submissions: i. Counsel claims that the applicant has no success without...