Search Results

1. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...for the injunction to be lifted and ultimately apply for resource consent to complete the building. [15] In terms of compliance with the injunction order, Ms Faulkner advised that she has been unable to move the dwelling as she cannot afford the costs of the heavy machinery required. While the building could be demolished, she advised it would be preferable to move the dwelling to preserve the investment she has already made. Regarding further cladding work on the house subsequent...

2. Love v Trustees of the George Love Whānau Trust - George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) [pdf, 228 KB]

   ...and I remind the trustees that they must continue to work in the best interests of all the beneficiaries. Decision [48] The application for partial termination of the George Love Whānau Trust is dismissed. [49] There will be no order as to costs. Orders [50] Orders accordingly. Pronounced at 4pm at Wellington on 11 July 2017. _____________________ S F Reeves JUDGE

3. Bell v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 66 [pdf, 214 KB]

   ...incapacitated from 11 February 2020. Accordingly, the respondent’s decision of 23 December 2021, that it was unable to continue with the appellant’s entitlement to weekly compensation from 11 February 2020, was correct. [97] I make no order as to costs. CJ McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Ford Sumner, Wellington 1 Farrelly v ACC [2013] NZACC 420

4. [2021] NZACC 112 – Grey v ACC (26 July 2021) [pdf, 238 KB]

   ...has suffered deterioration since the vocational independence decision, I note that there is a statutory process available under the Act whereby Mr Grey may apply for a reassessment. Result [69] The appeal is dismissed. There is no issue as to costs. Judge A A Sinclair District Court Judge Solicitors: Medico Law Limited, Solicitors, Auckland.

5. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 KB]

   ...Grattan’s sprain of her right wrist ligament as a workplace injury. Therefore, this appeal is allowed, and the review decision of 28 February 2023 is set aside. 3 Cf Johnston, above note 2, at [12]-[13]. 15 [58] Enviro Waste is entitled to costs. If these cannot be agreed within one month of the release of this judgment, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Appellant...

6. Davis - Succession to Hoani John Pokai Heremaia (2020) 420 Aotea MB 198 (420 AOT 198) [pdf, 209 KB]

   ...Decision [19] The Court determines that Hoani Heremaia, Patrick Heremaia, Huia Davis and Waimarie Cassidy are entitled to succeed absolutely to the Māori land interests of the deceased, Hoani John Pokai Heremaia. [20] There is no order as to costs. L R Harvey JUDGE

7. [2015] NZEmpC 90 Talbot v Air New Zealand Ltd [pdf, 250 KB]

   ...circumstances is the fact that Mr Talbot's claim of breach of the collective agreement remains extant. He would accordingly be left with a possible remedy. Conclusion [52] The challenge is dismissed. The parties are encouraged to agree on costs. If that does not prove possible the defendant may file submissions within a period of 30 days from the date of this judgment, with the plaintiff doing likewise within a further 20 days. Anything strictly in reply must be file...

8. [2021] NZACC 4 - Ross v ACC (5 January 2021) [pdf, 268 KB]

   ...independent (with the result that the weekly compensation for her personal injury ceased) was not flawed either in process or substance. The decision of the Reviewer of 3 February 2015 is upheld. This appeal is dismissed. [77] I make no order as to costs. P R Spiller District Court Judge Solicitors: Medico Law, Auckland for the respondent

9. [2011] NZEmpC 168 The Postal Workers Union of Aotearoa v NZ Post Ltd [pdf, 115 KB]

   ...matter for the defendant. That is made plain in the collective agreement in cl M8, which provides that on-call employees are to work as and when required. [53] The answer to the question posed by the plaintiff is accordingly “No”. [54] Costs are reserved. If they cannot be agreed between the parties they may be the subject of exchanged memoranda, with the defendant filing and serving a memorandum within 60 days of the date of this judgment. Any memorandum in response is...

10. [2007] NZEmpC WC 19/07 AFFCO NZ Ltd v Beamsley [pdf, 81 KB]

    ...admirable guidelines for the way in which these issues can now be dealt with, and I urge the parties to ensure that their conduct in resolving this dispute in a practical and fair way follows those aspirational guidelines. [55] I reserve questions of costs. GL Colgan Chief Judge Judgment signed at 9.30 am on Wednesday 8 August 2007