Search Results

1. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

   ...the collection is 3 cm. A clear dressing was placed over the marking to protect it during transit to the ward. [28] On 24 January 2021, Mrs Moloney died from metastatic colorectal cancer. [29] On 9 February 2022, an advice of accidental death claim form ACC21 was submitted to the Corporation. This included a request for financial assistance with a funeral grant and outlined the delay with the MRI scan as the MRI scan request was supposed to be in the six-week category but by mi...

2. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...August he worked as usual 3 days a week. On 19 and 20 August he took sick leave and on 26 August filled out another accident report as he was suffering the same injury as before but to both sides of his chest and arms. He stated on his injury form that it was because of “again not replacing night cutter – put extra work on day shift.” He also applied for coverage from ACC. [23] On 28 August 2003 ACC acknowledged that his claim was work-related and began an investigation...

3. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...position description to INZ to support a variation to the conditions of his work visa. That application was declined. INZ raised concerns about the position not having been advertised. Mr Vermuelen told Mr Flyger about this turn of events and requested that the role be advertised. Mr Flyer declined to do so. His evidence was that he refused to advertise the role because he did not want the hassle associated with that step. [23] I do not accept that the way in which the company ha...

4. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...Tōpu Trust seeks an order for the alienation of the Waiokura Te Kauae lands from the Parininihi ki Waitotara Incorporation (“PKW”) to the Trust for the benefit of Ngāti Tu hapū, and for the upkeep of Waiokura Marae. In short Mr Manuirirangi requests that the Court order PKW to transfer title of the lands to the Trust by way of gift or alternatively for some nominal amount that may involve an exchange of shares. [2] PKW opposes the application and says that it has wider respo...

5. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...agrees to assume all the risk, for any condition or problems that may be concealed at the time of the inspection. CI0301_CIV_DCDT_Order Page 3 of 6 Nothing will be dismantled during the inspection, and there will be no destructive testing performed. Appliances and spa/pool equipment special cycles or features are not inspected; none of the appliances or equipment will be dismantled, and no determination of their efficiency will be made. The client understands that the house...

6. LCRO 83/2025 NA v CB and MG (15 September 2025) [pdf, 161 KB]

   ...I do not doubt your interpretations and conclusions, I do not feel they reflect natural justice. It is our duty as citizens to ensure that justice prevails and if it does not changes must be made for the future. [27] The applicant proceeded to request the second respondent’s permission to include the latter’s letter with the correspondence he intended sending to the Minister of Justice, the Chief Justice and the President of the Law Society. The second respondent advised that the...

7. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...that Ms Twentyman is wrong to believe that the filing of a challenge stays automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than the expected notice of opposition and affidavit in support. Ms Twentyman’s (therefore 5 See Employment Relations Act 2000, s 180. unswo...

8. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

   ...and that they worked as a team. Furthermore, she says she had emails from both QV and SX using the signature block Company P Limited, and that the invoices had the name Company P. 11. However, on balance I find that by the time the contract was formed in February 2022, Company P was no longer being operated by the company Company P Limited. I say this as I accept the evidence from QV, the Director of Company P Limited supported by the agreement for sale and purchase of a business date...

9. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...Accident Compensation Act 2001. [3] The respondent’s position is that there is insufficient evidence of a causal link between the appellant’s Parkinson’s Disease and a workplace exposure. Background [4] On 30 June 2021, an ACC injury claim form was filed for poisoning due to a chemical substance. The description of injury was: Worked for the Post Office from 1979 to 1986, was regularly exposed to trichloroethane and is concerned that his Parkinson’s Disease was ca...

10. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

    ...that party’s entitlement to costs unless the discontinuance is expressly on such terms. There is no suggestion of that in this case. [10] Finally, Mr Dunn says that the Authority’s determination of 27 August 2009 confirms that it was not requested to determine separately costs in relation to Mr Cruickshank. Further, and in any event, Mr Dunn says that the determination of 27 August 2009 includes reference to any separate liability to Mr Cuickshank and rejects this. That is,...