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1. [2022] NZACC 107 - Carmichael v ACC (7 June 2022) [pdf, 225 KB]

   ...be seen that the sprain incident was likely responsible for work limitation for two to three months. Beyond that time symptom expression and pain limitation relates to degenerative rotator cuff disease unrelated to accident injury. Relevant law [27] 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 by a...

2. Mitchell v Accident Compensation Corporation [2019] NZHRRT 29 [pdf, 206 KB]

   ...pay his mortgage or to pay for insurance. He relied on credit cards and loans from family members. [26] On 3 July 2013, Mr Mitchell applied for a review of ACC’s decision to suspend his weekly compensation. He was represented by John Miller Law, a specialist ACC firm. [27] On 2 April 2014, a psychiatrist, Mark Davies, provided a report about Mr Mitchell to John Miller Law. In 2006, Mr Davies had prepared a report on Mr Mitchell diagnosing him with anxiety and clinical depression w...

3. UI v DW Ltd [2021] NZDT 1528 (8 September 2021) [pdf, 245 KB]

   ...his pancreatitis, $1,208.00 for costs (petrol and annual leave) to visit Brownie while he remained in [City], and the Disputes Tribunal application fee ($180.00). UI brought her claim against both DW Ltd and TX personally. 5. I consider that the law most relevant to the claim is found in the general law of contract. All contracts of this type include an implied term that the services will be provided with reasonable care and skill. 6. The issues to be decided can be stated as follo...

4. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   ...intended their words to bear. In order to be admissible, extrinsic evidence must be relevant to that question. The language used by the parties, appropriately interpreted, is the only source of their intended meaning. As a matter of policy, our law has always required interpretation issues to be addressed on an objective basis. The necessary inquiry therefore concerns what a reasonable and properly informed third party would consider the parties intended the words of their contract...

5. [2009] NZEmpC CC 12/09 Service & Food Workers Union v Sanford Ltd [pdf, 65 KB]

   ...Employer will not disclose the Employee’s wage rate to any other person other than those officers of the Employer who are responsible for, or have involvement in the setting of pay rates or payment of wages or any person or body as required by law. 18.19.b. Similarly, the Employee is encouraged to keep their wage rate confidential. APPENDIX 1 Wage Scale Schedule Grade 1. All new Employees. Grade 2. Grade 2 Employees would normally have worked for the Company...

6. Gough-Pataua 4B (2011) 19 Taitokerau MB 1 (19 TTK 1) [pdf, 160 KB]

   ...the 12 Mohinui 3B2B (2011) 18 Taitokerau MB 6 (18 TTK 6). 19 Taitokerau MB 9 granting of freehold title, the land was held by the owners as tenants in common and each owner was at law entitled to the use of the whole land, that is, there were no separate areas. However, notwithstanding the position at law, owners invariably agreed on the allocation and use of land without resort to legal tools such as licences, lease...

7. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

   ...Dixon for Appellant J Burley for Respondents Whakataunga: Judgment date 31 October 2022 TE WHAKATAUNGA Ā TE KOOTI HĀNGAI KI TE UTU RŌIA Judgment of the Court as to Costs Copies to: K Dixon, Dixon & Co Lawyers, PO Box 11359 Auckland 1542, kelly@dixonandcolawyers.com J Burley, McVeagh Fleming Lawyers, DX CP21506 Auckland, jburley@mcveaghfleming.co.nz mailto:kelly@dixonandcolawyers.com mailto:jburley@mcveaghfleming.co.nz 2022 Māori Appellate...

8. VOaVO Fixed Fee schedules updated 29 Sep 22 [pdf, 295 KB]

   ...to client • Reporting to and invoicing Legal Aid Services Additional applications for temporary orders against offender’s associates * $210 Undefended Temporary Non-Contact Order(s) becomes Final Non-Contact Order(s) by operation of law * $100 For • Receiving notice(s) that the offender and/or associate(s) do not (or does not) require a hearing • Reporting to client • Reporting to and invoicing Legal Aid Services * This is a repeatable activity and can be...

9. ENVC Matiatia transcript notice of motion 20150326 [pdf, 478 KB]

   ...of view on the applicability of the cases my friend relies on in relation to amendments to applications that involve other sites and I think there’s a nuanced response 15 in our submissions in reply to that but if there was any dispute on the law or the applicability of the principles within that small area, if I can put it like that. THE COURT: JUDGE NEWHOOK Can I test you both on a third strand that I perceive from the case, and that is 20 that the decision on scope in any...

10. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

    ...Huang. [28] If there were any changes from the building plans, Mr Lamb would always discuss these with Mr Huang. [29] Mr Lamb contends that the need for a full reclad has risen because the direct fixed stucco cladding system was flawed and could never have worked. He accepts there was some departure from the technical literature, including a decision not to create head flashings that extended a minimum of 30mm past the window frame. In making this decision, a delib