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1. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...relied on the Corporation’s referral and Dr Waite’s report and trusted that her covered injuries would be updated to cover for CRPS. The Corporation had a responsibility to follow through and approve cover once it received the reports it had requested. The Corporation’s failure to extend cover for CRPS, or at least advise Ms Watson of the need for her to lodge a claim for such cover, shows a picture of neglect by the Corporation. The Corporation failed to issue a cover deci...

2. IX v HG [2022] NZDT 224 (23 November 2022) [pdf, 91 KB]

   ...repaired. It is therefore artificial to award IX compensation for repairs which will never be done. 10. For these reasons the claim is dismissed. Referee: LK Whineray Date: 23 November 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...

3. NB v B Ltd [2024] NZDT 7 (27 February 2024) [pdf, 88 KB]

   ...mentions the quite severe pain 5 years ago when he was a courier driver and lifted an heavy box. NB says the surgeon’s comments was taken out of context and exaggerated. IFSO refers to the application and the requirement for disclosure. IFSO said the information was material taking into account the musculoskeletal questionnaire and the spine surgeons April 2023 letter. I note his later consultation with his spine surgeon was after he was having problems with B Ltd in relation to his insu...

4. KG v VB Inc [2024] NZDT 10 (15 February 2024) [pdf, 193 KB]

   ...that VB Inc breached a term of the contract, she is not entitled to the compensation she claimed, and her claim is dismissed. Referee: Ms Cowie DTR Date: 15 February 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 rehe...

5. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...notes of a telephone conversation on the following day between the Clerk-Assistant and Crown counsel, Mrs Roanna Chan, about the matter. [23] On the following day, 18 September, the Clerk-Assistant e-mailed Crown Law “a refined draft” with a request that the earlier draft document be disregarded. I refer to this as the second preliminary draft. It appears that the plaintiff was then unaware of these interactions between the Clerk and Crown Law but it is not surprising that the...

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

   ...window flashings with stucco, but neither that document nor the 4251 Stucco Standard, mentioned turn ups on the end of sill flashings. This requirement was expressly set out in a bulletin BRANZ put out in 1998, but this was in relation to all forms of cladding. The need for stop-ends was not really reinforced, according to Mr Nevill, until a new E2AS1 Third Edition came out in draft form in 2004. [49] Mr Nevill accepted that a lack of stop-ends had contributed to water ingr...

7. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...depending on the numbers of appearances. A 'whole day' in AODT Court is calculated on attendance at the Court for at least 8.5 hours. If the Court day is actually shorter than 8.5 hours, that should be reflected in a lesser time recorded and claimed on the 'Record of attendance/ invoice' form. • attendance at any whānau hui, which are required on occasion at the direction of the presiding judge • other attendances or preparation if required between court sit...

8. SN v BN Ltd [2017] NZDT 1456 (6 July 2017) [pdf, 206 KB]

   ...like” in responding to Mr N’s original insurance claim. What sum, if any, must BN pay to Mr N? 11. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed. However, the innocent party cannot recover loss that could have been avoided by taking reasonable steps to mitigate the loss, such as accepting a lower comparable quotation. 12. Mr N is entitled to a vanity of comparable quality and fi...

9. HF v IU Ltd [2021] NZDT 1566 (28 July 2021) [pdf, 198 KB]

   ...Ltd, DD’s travel agent. Due to Covid the conference and flights were cancelled. HF asked IU Ltd to hold his airfares as a credit. However, [Airline] then issued refunds for the airfares, which IU Ltd credited back to DD’s travelcard. HF was not informed of this, and discovered the refund significantly later, when he was no longer able to use the money for his [continuing education]. 2. HF claims the sum of $6,425.00 for the cost of the tickets. 3. The issues to be determined are...

10. EI v JM Ltd [2023] NZDT 637 (6 November 2023) [pdf, 92 KB]

    ...water should enter the air filter at all and that the air filter should be regularly checked but at most no later than every 12,000km. Mr Q found that the flange was loose and that there were corrosive holes around the flange. He found there to be deformation to the air filter element to approximately 40-50%. He advised that in his opinion this deformation occurred over time and was not the result of one event. 8. I agree and accept Mr Q’s evidence that this was gradual deformation...