Search Results

1. 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...

2. 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...

3. 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...

4. Lefeuvre v Accident Compensation Corporation (Late filing) [2023] NZACC 173 [pdf, 153 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. 3 [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 rad...

5. Bupa Aged Care v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 92 (29 May 2024) [pdf, 145 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,2 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...

6. Di v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 95 (4 June 2024) [pdf, 153 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. 3 [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 rad...

7. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

   ...which showed she owed a total of $863.83. The auctioneer’s administrative assistant on the day mistakenly entered $86.88 into the eftpos terminal instead of $868.83 which UC paid. 2. The auctioneer has made unsuccessful attempts to resolve the matter with UC, including engaging a debt collector. 3. UC disputes further payment on the basis that she queried the wrong amount at the time and was told it was correct. UC says that she has been advised that having paid the amount reque...

8. Interim Common Claimant Funding Policy [pdf, 213 KB]

   ...claimants on the research topic, who undertakes the research, and what review and quality assurance processes will be in place. However, agencies can still fund claimant research where it is agreed that the agency has limited input into the above matters. Agencies should engage across the claimant group in a co-ordinated way. Claimants can be funded as a collective.3 3 For example, the Tribunal’s Mana Wāhine Inquiry has a joint research committee which has the mandate and Crown f...

9. Savage v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 243 [pdf, 154 KB]

   ...then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applicant for a grant of an indulgence by the Court. The onus rests on him to satisfy that in all the circumstances the justice of the case requires that he be given the opportunity to attack the judgment from which he wishes to appeal. [7] In Almond v Read,2 Arnold J (for the Supreme Court) outlined the following principles to guide the exercise of the di...

10. KQ v XQ AB [2021] NZDT 1715 (27 October 2021) [pdf, 214 KB]

    ...4 16. In KQ’s submissions, s9 of the Evidence Act 2006 is referred to. Section 9 relates to the agreement between parties to the admission of evidence which would otherwise be inadmissible. Section 9 has no application to the facts of this matter. 17. KQ’s submissions also has a reference to the English case of MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA CIV 553. This case relates to a written contract which does not allow variations to be made verb...