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1. Dowsett v Paul A Crosswell Ltd [pdf, 25 KB]

   ...753.75 Estimated repair to small bedroom window $ 300.00 Total $9,963.12 RESPONSES [31] The response to the claim by the builder is that there is no dispute that the joinery leaked. [32] It claimed that the design was flawed. It was alleged that there were 30 shortcomings in the design. The builder claimed that it was not liable for damage resulting from poor design and it should have been able to make a decision about the repairs. [33] Although the bui...

2. Kaulima v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 33 [pdf, 155 KB]

   ...that New Zealand Post had confirmed that his Notice of Appeal had been delayed because it had been missorted. 2 [4] On 28 February 2023, Ms Becroft for the Corporation submitted that it did not oppose the late filing of the appeal. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be rece...

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

   ...the Authority to Act was lodged only on 2 May 2024. [4] On 24 May 2024, Ms Arnold for the Corporation submitted that the late filing of the appeal did not cause prejudice to the Corporation and it did not oppose leave being granted. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...

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

   ...says she did, and this was at a stretch taken to be an agreement to release UC from her obligation to pay the full price, that one-sided agreement is not enforceable by UC. A one-sided release of one party’s obligation lacks consideration. The law is that such a release is ineffective unless consideration is given for it. “Consideration” is something of value given in return. There has been no consideration. 13. I find that UC’s obligation to pay for the items she purchased b...

5. NE & SE v JI [2023] NZDT 661 (31 October 2023) [pdf, 260 KB]

   ...moving in and had noticed water “is now entering inside the house around the chimney”. 11. Several months after settlement, the purchasers replaced the roof at a cost of $35,960.50. Did the vendor breach the settlement undertakings? 12. The law of contract applies. There is no dispute that the vendor complied with the first two undertakings. The disputed issue is whether she used “reasonable endeavours” to fix the leak prior to settlement. The undertaking is not an absolu...

6. [2023] NZEmpC 15 Pilgrim v The Attorney-General [pdf, 182 KB]

   ...and there is no public interest in the evaluative material likely to be recorded on the site visit. Both parties submit that if the application is granted it ought to be on strict conditions. [4] No counsel has been able to identify any caselaw directly on point. And, while s 82 of the Evidence Act 2006 makes provision for those who are entitled to attend a view it does not, as Mr Stewart points out, prohibit the Court from allowing members of the media to attend. I accept th...

7. Ambridge v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 43 [pdf, 153 KB]

   ...for the application for a late review. [9] On 15 March 2023, Mr Castle for the Corporation submitted that it considered that the present proposed appeal had little prospect of success, but it did not oppose the application for leave. Relevant law [10] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. 3 ... (3) The notice must...

8. AB v FT LCRO 008/2015 (30 June 2016) [pdf, 98 KB]

   LCRO 8/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING A determination of the [City] Standards Committee BETWEEN Mr and Mrs AB Applicants AND Mr FT Respondent DECISION Introduction [1] In an application filed on 13 January 2015 Mr and Mrs AB have sought a review of a determination of the [City] Standards Committee to take no further action on their complaint against [Ci

9. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand Law Society. https://www.lawsociety.org.nz/professional-practice/covid-19-information/ 26. There is no blanket waiver of the requirement to file hard copies of documents. Please contact the Court for further guidance or clarification....

10. SU & WH v BT [2024] NZDT 79 (26 February 2024) [pdf, 102 KB]

    ...day plus GST. 3. The issues to be determined are: a. Was BT responsible for the collision? b. If so, what are the reasonable costs associated with the collision that she ought to pay? Was BT responsible for the collision? 4. Under the law of negligence, drivers must take care not to drive in a manner that causes damage to another vehicle. The Land Transport (Road User) Rule 2004 sets out the rules that drivers must obey. Rule 2.1 provides that unless that rule provides other...