Search Results

1. NM & B Ltd v J Ltd & RJ Ltd [2021] NZDT 1662 (9 August 2021) [pdf, 240 KB]

   ...the roller was too small to cause damage to NM’s house. 9. The concrete inside NM’s house has a polished finish, and the patio concrete has an exposed aggregate finish. Both areas have saw cuts to form a 1.0m square grid. Issues 10. The law of tort applies. B Ltd had a duty of care not to damage neighbouring properties when constructing the roadway, including damage caused by excessive vibration. 11. There is no dispute that NM’s floor cracked. The issues are: a. Did...

2. [2022] NZACC 112-Dixon v Accident Compensation Corporation (14 June 2022) [pdf, 263 KB]

   ...exercising at the gym 5 days a week, which could exacerbate the process and lead to the sudden onset of symptoms. In particular, the patella cartilage fissure and fat pad oedema might be acute injuries superimposed on a chronic process. Relevant law [29] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially...

3. KV v LA LCRO 44/2015 (13 December 2016) [pdf, 122 KB]

   LCRO 44/2015 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 [X] BETWEEN KV Applicant AND LA Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr KV has applied for a review of a decision by the [Place] Standards Committee [X], which decided to tak

4. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

   ...Appellant argued had been decided by the Commissioners, were raised by the Appellant throughout the year leading. up to the hearing. The Council advised the Appellant multiple times that this argument was without merit and not supported by case law (including by way of memorandum to the Court dated 23 December 2016, attached to this application). The Appellant relentlessly pursued this argument regardless of being put on notice that it was without merit, requiring the Council to add...

5. Tawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45) [pdf, 188 KB]

   ...M Insley, counsel for the applicant N Weatherhead, counsel for the respondents Judgment: 24 April 2014 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Solicitors: Tairawhiti Community Law Centre, PO Box 1053, Gisborne Attention: Marcia Insley E-mail: marcia@tairawhiticlc.co.nz Wilson, Barber & Co Lawyers, DX LP78520, Gisborne Attention: Neil Weatherhead E-mail: wilsonbarber@xtra.co.nz mailto:marcia@tairawhiticlc....

6. Edwards - Maraehako C3D (2006) 91 Opotiki MB 26 (91 OPO 26) [pdf, 761 KB]

   ...supervisory po\vers where it is clear that there are concerns about the operation of a trust. [23] In relation to Maraehako C3D we have trustees who are either acting in total disregard or downright ignorance of their tlust order and general trust law. Several trustees indicated that they \vere not familiar \;>ilith their roles and responsibilities. It is a basic principle that a trustee must be acquainted with the precise terms of their tnlst and adhere to those terms. By their...

7. [2021] NZACC 1 - Sharma v ACC (5 January 2021) [pdf, 244 KB]

   ...In respect to the period from January 2015, the Reviewer noted that Mrs Sharma had not supplied any evidence to support the fact of employment in January/February 2015. [37] On 23 October 2019, a Notice of Appeal was filed. 8 Relevant law [38] Section 100(1) of the Act provides that a claimant is entitled to weekly compensation if he or she can show that he or she was incapacitated under s 103(2) and is eligible under cl 32 of sch 1. [39] Section 103 reads: (1) The Corp...

8. Faulkner - Ohuki 1C Sec2 (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45) [pdf, 277 KB]

   ...trustees of the whānau trust, for a specified term ceasing on the death of Douglas Faulkner’s last surviving grandchild. [5] The application was heard on 24 June 2019 in Tauranga.1 At the conclusion of the hearing I reserved my decision. The law [6] The Court is empowered to grant occupation orders per s 328 of the Act. Section 329 directs the Court to the matters it must take into account in deciding whether or not to grant an occupation order. It provides: 329 Matters...

9. Memorandum for Directions Conference [pdf, 461 KB]

   ...Directions Conference and a date for this event has been scheduled (given) to you by the Court. Who should fill in this form? This memorandum should be completed jointly – that is, by you and the other person(s) involved in your case, or by your lawyers if you are represented. If an agreement to file a joint memorandum cannot be reached, then each person in the case must fill in their own form. An exact copy must then be provided to the other person(s) involved. Filling in the forms Whe...

10. [2015] NZEmpC 193 The Cabinet Place Ltd v Kubesch [pdf, 171 KB]

    ...Kubesch denied being given this agreement to sign. The copy in evidence is not signed by him. CPL alleged that the document was given to Mr Kubesch by Mr Sergey Shchechka. Mr Shchechka was the former project manager for CPL. He is the father-in-law of Mr Carlos Baumann, the representative and General Manager of CPL. It was proposed Mr Shchechka would give evidence by video link from Russia where I presume he now permanently resides. For reasons to be discussed, he was not able...