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1. Miller-Hard v Stewart [pdf, 277 KB]

   ...moment. Therefore, I will issue this Determination which decides all other matters in this adjudication except for these two non-party claims for costs. 1.15 Mr Morrison, who was cited as the Fifth Respondent in this adjudication, made an informal application at the Hearing for recovery of his costs incurred when he was a party in the adjudication. He was struck out as a party in my Procedural Order No 6 on 11 March 2004. A formal claim for costs was made Claim No 0076...

2. LCRO 199/2015 PA v TD and RN (25 July 2018) [pdf, 127 KB]

   ...money to which he was not entitled; (d) unduly influenced Mrs OL to his own advantage; and (e) established trusts for his own benefit, and contrary to his parents’ interests. [13] Mr PA’s lawyers, IJK Ltd, wrote to MVH Ltd on 5 April 2012 requesting clarification of the pleadings, referring to allegations of dishonesty made against Mr PA in the statement of claim and requesting confirmation of the basis on which the allegations were made. The process continued and the lawyers...

3. NT v OX & B Ltd [2023] NZDT 476 (2 May 2023) [pdf, 248 KB]

   ...were cancelled, the Applicants hired a car and drove to [city 5]. They asked B Ltd to fly them out of [city 6] to [city 2] on 24 December, but received no response. By 26 December, they asked B Ltd to fly them home to New Zealand. B Ltd initially informed them that their return flights were from Country 2, and they would need to pay for any fare difference. On or about 28 December, the Applicants flew on B Ltd from [city 6] to [city 1] and then on to [city 7] on an B Ltd flight. The Appli...

4. Smith v Accident Compensation Corporation (Interest on weekly compensation) [2024] NZACC 139 [pdf, 185 KB]

   ...compensation on receipt of the medical certificate on 23 December 2004.2 [10] Mr Smith then claimed interest on arrears of weekly compensation for the period 4 October 1991 until February 2002. On 20 July 2007, the Corporation declined Mr Smith's request, and this decision was upheld on review. Mr Smith filed an appeal against the Reviewer’s decision. [11] On 30 May 2008, following an appeal hearing, Judge Cadenhead allowed Mr Smith’s appeal on the basis that he was ent...

5. CN v L Ltd & U Ltd [2024] NZDT 493 (4 July 2024) [pdf, 221 KB]

   ...removing the remaining flue that was left by U Ltd. 30. For these reasons I find that the Respondents are jointly and severally liable to pay CN $7,173.62. Referee: L Trevelyan Date: 4 July 2024 Page 5 of 5 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...

6. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...surprisingly, Mr Brookes’ response was that Mr Smalley was entitled to serve a notice and it was prudent of him to do so, given the rejection of his informal attempt to obtain disclosure. It was said that any delay by attempting another informal request would have impacted on Mr Smalley’s preparation and, in any event, HHG did not object to the notice. [37] To disallow this step is tantamount to saying that it was unnecessary for Mr Smalley to seek disclosure of documents tha...

7. HM v F [2023] NZDT 445 (29 August 2023) [pdf, 205 KB]

   ...31 December 2022 without giving her any warning? b) If so, what is HM’s loss? Has F breached its contract with HM by cancelling her 115,189 Points on 31 December 2022 without giving her any warning? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. CI0301_CIV_DCDT_Order Page 2 of 3 5. HM refers to F’s customary practice of sending...

8. HB v Q Ltd [2024] NZDT 582 (26 August 2024) [pdf, 173 KB]

   ...is no basis to consider an award of compensation. Therefore, it is not necessary to consider the second issue. 9. In summary, the claim is dismissed. Referee: Sara Grayson Date: 26 August 2024 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...

9. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to sections 20 and 27 (2) of the Bill of Rights Act. [4] Exclusion of Remedy of Compensation - clauses 30(3) and 34(3) 10. Clause 30(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with Te Kawenata (a partnership agreement between MTI and the Crown applying to a specified area). Clause 34(3) is a similar provision excluding any form of...

10. Taylor v Department of Corrections (Strike-Out Application) [2020] NZHRRT 42 [pdf, 137 KB]

    ...DATE OF DECISION: 20 October 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In 2014, while in prison, Arthur Taylor sent a letter to Brian Hunter. The letter was withheld by the Department of Corrections (Corrections). Mr Taylor requested that the letter be returned to him, however this request was refused by Corrections. Mr Taylor complained to the Privacy Commissioner. The Privacy Commissioner concluded there was a breach of information privacy principle (IPP) 6 a...