Search Results

1. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

   ...accepted that the system he supplied was defective, and that the repairs were unsuccessful. 7. Following the Disputes Tribunal hearing on 31 May 2023 the Referee adjourned the hearing as the parties indicated that they wished to try and settle the matter between themselves. Although agreement was reached between the parties, that NG would supply and install a new septic system and decommission the old one, the agreed work was not carried out by NG and the matter came back before the...

2. Ataera v ACC (Late filing of an appeal to the District Court) [2024] NZACC 63 (10 April 2024) [pdf, 151 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical ch...

3. NT v BP Ltd [2022] NZDT 5 (17 January 2022) [pdf, 181 KB]

   ...inside those boxes were unsaleable. The applicant claimed for the cost of the unsaleable items (NZD$3,680.73). The respondent defended the claim on the basis that the goods were already damaged before it picked them up. At the first hearing of the matter, the Referee joined two parties, HN and TG. The matter was then started again before another Referee. Due to COVID protocols, the hearing proceeded by teleconference. 3. The issues to be resolved are: (a) Were the goods damaged dur...

4. Dorrance v Accident Compensation Corporation (Late Filing of Appeal to District Court) [2023] NZACC 188 [pdf, 151 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical ch...

5. HM v XD & KT [2023] NZDT 623 (13 November 2023) [pdf, 208 KB]

   ...I accept that this was at a time that HM was extremely unwell and only ever intended that someone provide a caring home for them until she was able to do so again. e. The [Council] records show that ownership of E remains with HM. 8. This matter was distressing in that XD and KT have provided E with a safe, kind and caring home for the period HM was unable to look after her and have offered to continue to do so for B. They have bonded with E who appears from the evidence to have...

6. O'Rourke v Accident Compensation Corporation (Late Filing of Appeal) [2023] NZACC 169 [pdf, 150 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical ch...

7. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   ...somewhat unsettled, this office has consistently taken the view that the essence of the s 5 analysis is to be found in the judgment of Richardson J in MOT v Noort [1992] 3 NZLR 260, 283 (CA): "In the end an abridging inquiry under s 5 is a matter of weighing: 1. The significance in the particular case of the values underlying the Bill of Rights Act; 2. The importance in the public interest of the intrusion on the particular right protected by the Bill of Rights Act; 3. The lim...

8. Morris v Accident Compensation Corporation (Late filing of appeal to District Court) [2024] NZACC 48 [pdf, 150 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [6] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical ch...

9. DI v Trustee X [2022] NZDT 114 (8 August 2022) [pdf, 125 KB]

   ...requirements, but there was an understanding that should CJ and DI require the money, it is expected that it would be repaid without delay. 4. ON and Trustee X disagree that the Trust took on a loan from CJ and DI. ON said she left financial matters to her then husband and had no knowledge his parents had loaned him $20,000 until the demand for repayment was issued after they separated. 5. The issues to determine the claim are: CI0301_CIV_DCDT_Order Page 2 of 4 (a...

10. Stanley v Accident Compensation Corporation (Late filing of appeal to District Court) [2024] NZACC 55 [pdf, 149 KB]

    ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [6] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical ch...