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...basis to entertain such submissions. The Court cannot intervene where it does not possess the statutory jurisdiction to do so. Decision [40] The application for judicial conference is concluded and dismissed. [41] There will be no order as to costs. Pronounced in open Court at 11.25 am in Whanganui on the 10 th day of June 2015 L R Harvey JUDGE
...sort before the Authority and no application was made to the Court. The subject was raised in passing and not otherwise pursued. Outcome [72] The challenge to the Authority’s preliminary decision is unsuccessful and it is dismissed. [73] Costs are reserved. If the parties are unable to reach agreement memoranda may be filed. KG Smith Judge Judgment signed at 1.15 pm on 13 May 2024 19 See para [38] above.
...was in the LIM, which did not say that subdivision was “impossible”, or exclude subdivision. He referred to Ms Wang’s evidence that a LIM in these terms would not “kill” a sale for development, although it might involve additional costs, and additional drainage. He also referred to the report from the Investigator, noting the Council’s statement that “it would be unusual for owners to be given a ‘blanket no’ for subdivision…” [24] On the basis of these s...
...remedies described in s 85 of the Privacy Act and in particular, the grant of damages in accordance with s 88 of the Act. OVERALL CONCLUSION [25] The application by Corrections to have the proceedings by Mr Fitikefu struck out is dismissed. [26] Costs are reserved. Directions [27] The following directions are made: [27.1] A case management teleconference is to be convened by the Secretary so that all final directions can be given to ensure the case is made ready for hearing....
...information, that ACC’s decision was clearly wrong. [90] Accordingly, the appeal is allowed. ACC’s decision of 10 June 2019 rejecting Mrs Khan’s request for a driving assessment and home help is reversed. [91] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: Katherine Anderson, Barrister Auckland for the respondent
...conditions with the Court within a further twenty working days, with a memorandum setting out the disputed provisions of its preferences. (d) The Court will then convene a Judicial Telephone Conference or issue directions to resolution. (e) Costs are reserved. REASONS Introduction [1] This is an appeal from a decision by a Commissioner appointed for the Whangarei District Council. This decision refused an application to use a property at 31 and 40 Piano Hill Road, Whangarei...
...decision to decline her application for a lump sum payment of compensation for her impairment, was incorrect. The decision of the Reviewer dated 25 February 2022 is therefore upheld. This appeal is dismissed. 14 [29] I make no order as to costs. P R Spiller District Court Judge
...appellant has failed to prove, on the balance of probabilities, that the respondent’s decision of 31 August 2018, determining that he had achieved vocational independence, is wrong. I therefore dismiss the appeal. [105] There are no issues as to costs. Judge C J McGuire District Court Judge Solicitors: Medico Law, Auckland for the respondent
...incapacity. He is, accordingly, not entitled to weekly compensation for loss of earnings in respect of his later incapacity. The decision of the Reviewer dated 18 August 2020 is therefore upheld. This appeal is dismissed. [63] I make no order as to costs. P R Spiller District Court Judge Solicitors for the Corporation: Shine Lawyers NZ Ltd.
...the appellant having failed on the balance of probabilities to establish that his incapacity was due to the accident of 20 September 2017. [74] Accordingly, the appeal is dismissed. ACR 52-21-Kidd Judgment [75] There is no issue as to costs. Judge C J McGuire District Court Judge Solicitors: ACC and Employment Law, Auckland for the appellant Medico Law Limited, Auckland for the respondent