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1. Savage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 53 [pdf, 231 KB]

   ...now revoking, deeming Mr Savage’s application for review “unacceptable” now that the relevant decision had been revoked. There is no record of Mr Savage applying to review the 14 November 1998 decision. [8] On 3 February 2014, Mr Savage requested further lump sum compensation on the basis that he had received new medical evidence that the 1988 lump sum payment was inadequate. The new medical evidence referred to arose in the context of a District Court judgment on his enti...

2. Form 14 Waitangi Tribunal Application [pdf, 459 KB]

   Version 19 – September 2022 page 1 He tono āwhina pūtea rōia mō ngā whakawā o te Rōpū Whakamana i te Tiriti o Waitangi 09/22 form 14 Legal aid file No. Lead Provider’s Reference Application for Legal Aid for Waitangi Tribunal Proceedings To: Legal Aid DX SX10146 Welllington 1. He aha te nama Wai kua whakaritea mō te kerēme i mua i te aroaro o te Rōpū Whakamana i te Tiriti? (Mēnā kāore anō te nama kia whakaritea, tukua mai ā...

3. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...PRELIMINARY [1] It is alleged that Ms Hill, the adviser, used an unlicensed employee within her office, her life partner, to engage with her client, the complainant, and also to do immigration work that only a licensed adviser is allowed to perform. Furthermore, that she was negligent in permitting incorrect information regarding the complainant’s work experience to be provided to Immigration New Zealand. [2] The essential issue to consider is one of credibility, being whether Ms...

4. HU v UX [2022] NZDT 115 (20 September 2022) [pdf, 198 KB]

   ...so how much. Did UX misrepresent the condition of the vehicle in relation to the fridge, heater or gas compliance? 13. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed, upon which the purchaser relies, and which proves to be wrong. If a misrepresentation has been proved, the other party is entitled to damages (compensation) even if the misrepresentation was innocently made, and not deliberate. 14. The...

5. LD v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 45 [pdf, 159 KB]

   ...Ms Koloni noted that she had asked the Corporation for a copy of Mr Gee’s invoice for costs and on that basis she would be providing the Corporation with a parallel invoice. [5] On 13 February 2023, Ms Koloni made an Official Information Act request to the Corporation for a copy of Mr Gee’s invoices in relation to the appellant’s matters. [6] On 17 February 2023, the Court directed that unless, by 23 February 2023, the Court heard further from Ms Koloni in relation to the ma...

6. O Homes Ltd v BL & SL [2023] NZDT 523 (12 October 2023) [pdf, 188 KB]

   ...apparently wanted some flexibility in doing so. [18] BL and SL were, of course, justified in not signing the supply agreement that was sent to them. However, as they proceeded to accept O Homes’ offer to import materials for them, they nevertheless formed a contract, albeit not in writing, with O Homes. In doing so, they must, in my view, be taken to have been aware that they would be required to pay for the costs involved in importing the goods. It was stipulated in O Home’s stand...

7. L Ltd v T Ltd [2023] NZDT 603 (13 October 2023) [pdf, 204 KB]

   ...were un-invoiced cash purchases. These other suppliers included [supplier 1], [supplier 2], and purchases of gib board off [Online auction CI0301_CIV_DCDT_Order Page 2 of 5 website]. These were to be provided by 14 July 2023. No further information was provided. Therefore, I have closed the hearing, and this decision will resolve the matter Issues 7. The issues I need to resolve are: a. What is the contractual arrangement between the parties relating to markups on ma...

8. NU v KD Ltd & QJ Ltd & GE Ltd [2021] NZDT 1550 (9 September 2021) [pdf, 194 KB]

   ...failure. Even given the delay in having the problem diagnosed I am satisfied that this was a failure of a substantial character which would have entitled NU to reject the car and receive a refund from KD in November 2019. 14. However, NU did not formally reject the car at that point and instead opted to have the engine replaced under the QJ policy. NU says she did this because she had been told by KD that this was the best was to proceed. KD deny this. 15. NU formally rejected the...

9. DT v SC [2023] NZDT 23 (25 January 2023) [pdf, 100 KB]

   ...Ltd’s bank account while it was a registered company, and after it was removed from the register; b. I accept HI’s evidence that she contacted and spoke with SC, on behalf of the School, in early June 2022 and forwarded relevant information about the overpayment. Since that time, despite numerous emails, texts, and calls, HI and DT have not been able to make contact with SC, nor have they received a response; CI0301_CIV_DCDT_Order Page 3 of 4 c. the T...

10. BT & NS v Q Ltd [2023] NZDT 66 (26 April 2023) [pdf, 205 KB]

    ...that BT and NS, and the staff at Q Ltd, have been looking forward to an outcome. I hope this now brings the matter to a close. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Date: 26 April 2023 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 re...