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1. FD Ltd v FT [2021] NZDT 1577 (20 July 2021) [pdf, 216 KB]

   ...that she was no longer in a position financially to book his music artists and she cancelled the contract. However, she disputes that she said the event was cancelled. 11. FT said that she had not been in a position to pay the $4,600 to settle the matter at the time. She had since offered to pay the amount to settle everything. NC said that several attempts to settle the matter was made, and he incurred legal costs and costs in terms of his own time. However, the parties could not rea...

2. Dempsey v Accident Compensation Corporation (Late filing to the District Court) [2023] NZACC 218 [pdf, 144 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. The Estate of UB v KM [2020] NZDT 1322 (3 December 2020) [pdf, 191 KB]

   ...owes me money and has to pay it back.” However, it appears from evidence that D painted other areas (not those areas painted by KM). 16. KM pointed to the video showing the masking strips on the stairs to evidence masking was done. He says the matter on the stairs that looks like plaster would come off with a vacuum as that would have been loose material when the masking tape was taken off. The evidence from LC however supports a finding that the carpet had paint on it and needed rep...

4. B Ltd v KT Ltd [2022] NZDT 94 (22 August 2022) [pdf, 177 KB]

   ...be on the basis of a charge for the use of B Ltd’s intellectual property (being digital images of their physical property). As the Disputes Tribunal does not have jurisdiction to hear disputes concerning intellectual property, TQ elected for the matter to be heard solely in contract. After both parties had made their submissions and presented evidence, TQ stated CI0301_CIV_DCDT_Order Page 2 of 3 that if the parties could not reach a settlement agreement he wished for the claim to...

5. EH v O Ltd [2024] NZDT 237 (11 March 2024) [pdf, 176 KB]

   ...from O Ltd. He therefore says no contract was made. After hearing EH’s evidence about what happened however, I am satisfied the necessary elements were present to say a contract was formed. 8. While EH appears genuine in his belief that the matters raised in paragraphs 5.a. and 5.b. provide a basis to cancel the contract, I do not accept that is the case. I say that because I am satisfied of the following things: a. EH has previously been a member of O Ltd, although he says he p...

6. Cue v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 126 (24 July 2024) [pdf, 148 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. Beveridge v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 132 (31 July 2024) [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. 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...

8. [2024] NZACC 009 – Howell v ACC (23 January 2024) [pdf, 156 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...

9. BORA Sex Offenders Registry Bill [pdf, 24 KB]

   ...individual's name and address is sufficiently expressive so as to attract the protection afforded by section 14 of the Bill of Rights Act. 11. The requirements of clause 9(1) do not compel any individual to disclose any opinion they hold, or to state any matter that they do not believe to be true. We note, in particular, Canadian judicial decisions holding that the Canadian Charter of Rights and Freedoms does not require the elimination of "minuscule" constitutional burden...

10. Madoc v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 245 [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...