Search Results

1. Wenzlick v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 184 (18 November 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. [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...

2. ET v MC & DC [2022] NZDT 119 (5 August 2022) [pdf, 200 KB]

   ...tacit approval to his proposed actions. 10. I find MC and DC’s failure to respond to that notice as not amounting to any form of approval or consent. They had issued a cross notice objecting to a new fence so that was their last word on the matter. They did not need to keep objecting no matter how many notices were served thereafter. 11. Adequacy of existing fence 12. ET strongly submits that the existing fence was not adequate. If this claim had been validly made under the FA...

3. Theunissen v ACC (Late filing of an appeal to the District Court) [2024] NZACC 66 [pdf, 159 KB]

   ...minimising the economic, social and 3 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 chang...

4. LJ Ltd v DS Ltd [2022] NZDT 147 (16 August 2022) [pdf, 206 KB]

   ...claim $4,370.00 including GST for the cost of repairs to the shed plus the Tribunal filing fee of $90.00. Mr P, Accounts Receivable Officer for LJ Ltd, reduced the claim at the first hearing to $4,370.00 only. DS Ltd deny the claim. 2. The matter had been adjourned after the first hearing on 28 June 2022 and was continued before me today. DS Ltd did not attend the hearing as there was no response to the phone number previously available for them. No further evidence or informati...

5. Ottley v ACC (Late filing of an appeal to the District Court) [2024] NZACC 64 [pdf, 158 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...

6. CT & ID v S Ltd [2022] NZDT 7 (2 March 2022) [pdf, 153 KB]

   ...every aspect. The reporting of any Significant Fault or Defect is on an exceptional basis, rather than reporting on items, which are in acceptable condition for their age. b. “Significant Fault or Defect” is defined in the Standards as – “A matter which requires substantial repairs or urgent attention and rectification.” CI0301_CIV_DCDT_Order Page 2 of 4 c. A Significant Fault or Defect will be addressed in the summary section of the report as maintenance or remedial...

7. Smart v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 242 [pdf, 152 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. [6] In Almond v Read,2 Arnold J (for the Supreme Court) outlined the following principles to guide the exercise of the di...

8. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

   ...benefit at another party’s expense. 7. There is no evidence before me that EQC provided an apportionment setting out exactly what the $120,000 sum was comprised of. It was a global figure intended to cover the full and final settlement of the matters referred to in the settlement agreement. Q has explained that EQC has a legal obligation to pay legal fees and disbursements but that does not appear to be set out in the Earthquake Commission Act. I accept it is likely that as a matte...

9. MacGregor v ACC (Late filing of an appeal to the District Court) [2024] NZACC 73 [pdf, 158 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...

10. Tane v ACC (Late filing of an appeal to the District Court) [2024] NZACC 72 [pdf, 158 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...