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1. [2021] NZACC 76 - Herbst v ACC (20 May 2021) [pdf, 220 KB]

   ...[14] Then in his decision of 12 April 2018 (review 5672089) at page 12 the Reviewer noted: … following discussion both parties agreed to an outcome for this review. That was that ACC issue a decision in relation to all four of these claimed entitlement requests (training for independence, transport for independence, concussion clinic referral and funding of orthotics) within two months. As is normally the case that will be a fresh reviewable decision should Ms Herbst d...

2. SN v K Ltd [2022] NZDT 117 (15 August 2022) [pdf, 108 KB]

   ...raised a dispute from the beginning and it needed to be resolved in the Disputes Tribunal, therefore it would not be appropriate to award interest. Referee: Sara Grayson Date: 15 August 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

3. BD v J Ltd ES [2021] NZDT 1648 (24 June 2021) [pdf, 129 KB]

   ...calculated in the hearing. Conclusion 12. For these reasons BD is to pay J Limited the sum of $3,753.42 by the date stated in the order. BD’s claim is dismissed. Referee: K Rendall Date: 24 June 2021 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply f...

4. MT v UI [2022] NZDT 54 (9 May 2022) [pdf, 148 KB]

   ...months old, and depreciation at 2% was applied to the cost of the replacement turf. 18. The claimed amount of $8,500.20 was reasonably foreseeable and reasonable. Referee: Souness - DTR Date: 9 May 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

5. MI v EG [2023] NZDT 194 (23 June 2023) [pdf, 188 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 4 What reasonably foreseeable loss can EG prove he has incurred that his insurer is entitled to be compensated for? 12. EG claimed from his insurer to have his motorbike repaired. The repairs were performed for a total cost of $6,444.92. Q Ltd provided a pre-accident valuation that showed EG’s motorbike had an estimated value of $11,000 before the collision. I am therefore satisfied that it was economic to repair the motorbike for $6,444.9

6. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...his purchase price of $11,484.00, and $2,000.00 for legal costs and his own time and inconvenience in dealing with this matter. 3. C Ltd denies the claim saying no such assurance was given. It says NN had completed his purchase by the time any information about potential phone charging capabilities, or otherwise, could be provided to him. 4. The issues to be resolved are: a. Is the bike of acceptable quality and/or fit for any purpose made known by NN? b. If not, is NN entitled...

7. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...his purchase price of $11,484.00, and $2,000.00 for legal costs and his own time and inconvenience in dealing with this matter. 3. C Ltd denies the claim saying no such assurance was given. It says NN had completed his purchase by the time any information about potential phone charging capabilities, or otherwise, could be provided to him. 4. The issues to be resolved are: a. Is the bike of acceptable quality and/or fit for any purpose made known by NN? b. If not, is NN entitled...

8. SE & EE v UT & D Ltd [2024] NZDT 889 (13 December 2024) [pdf, 100 KB]

   ...motel while the repair was being undertaken. I agree that the costs are reasonable and therefore order D Ltd to pay the full claimed amount of $1,447.07. Referee: Souness - DTR Date: 13 December 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

9. Boyle v ACC (Deemed Cover, Weekly Compensation) [2024] NZACC 61 [pdf, 277 KB]

   ...April 2024 Held at: Hamilton District Court Appearances: L Wilkie for the Appellant C Houlahan for the Accident Compensation Corporation (“the Corporation”) Judgment: 9 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for deemed cover – s 58; suspension of weekly compensation - s 117, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 June 2022. The Reviewer dismissed an a...

10. BC v BT [2021] NZDT 1625 (12 July 2021) [pdf, 175 KB]

    ...fault he should not have to pay for. 3. The question is whether the laptop failed the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA). Did the battery fail prematurely? 1. In order to get the best information about the state of the battery and repairs, the agent was phoned from the hearing. Unfortunately, because of BC’s delay in making the claim, the vital information about the cycles of the battery was no longer available. The batte...