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1. Walton v Holden [pdf, 172 KB]

   ...design for the dwellinghouse earlier on but Mr Holden had elected not to use that design and had proceeded on his own as I mention below. 2.5 I also struck out Mr Chandler as a respondent pursuant to s34 of the Act on the basis that the first information had indicated he was the 00003 Determination 5 person who signed the Code Compliance Certificate but as it transpired that related to the adjoining cross-lease residence and the Code Compliance Certificate for this dwelli...

2. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...costs associated with the preparation for, and attendance at, mediation. [2] The defendant had pursued a grievance against the wrong respondents in the Authority. This was pointed out to the defendant at an early stage and the Authority was requested to determine the matter, effectively as a preliminary issue. The Authority declined to adopt this course and instead directed the parties to mediation. 1 [2011] NZERA Auc...

3. Perkins v ACC [2013] NZACA 19 [pdf, 63 KB]

   ...always be careful about medications he takes in the future and be careful about exposure to sunlight, although obviously it is impossible for him to always avoid either of these.” 3 This is a rare form of inflammatory dermatitis where the skin separates in layers and which causes universal itching. The skin is red, thickened and scaly. Universal inflammation of the skin may cause heart failure and may lead to hypothermia due to excessiv...

4. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...Billable hours that served no useful purpose save to generate those hours, and for which payment was received; (c) Failure (in July 2015) to recognise that an affidavit with the 1st delivery of discovered documents from the defendant was visibly informal, and was otherwise erroneous in several aspects; (d) Failure (in August 2015) to notify the plaintiff of the filing of an amended statement of claim, which was later found to contain careless errors because it had been prepared in...

5. [2021] NZACC 40 - OBrian v ACC (25 February 2021) [pdf, 329 KB]

   ...Hinchcliff for the Appellant L Hawes-Gandar for the Respondent Judgment: 25 February 2021 RESERVED JUDGMENT OF JUDGE NICOLA MATHERS [1] On 8 December 2017 the Accident Compensation Corporation (“ACC”) declined Mr O’Brian’s request for elective surgery to his right shoulder and also declined the payment of weekly compensation. Mr O’Brian reviewed those decisions and on 8 October 2018 the Reviewer upheld ACC’s decisions. Mr O’Brian now appeals tho...

6. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the o...

7. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...the quote as per the request of the Applicants. 13. I find that the definition of “services” is sufficiently broad to include the provision of the initial indicative quote even if the quote had not been accepted nor any physical work performed. There remains a supply, which in this case, is the provision of the quote which gives rise to the customer’s right to accept/reject the same. 14. Given this, section 28 of the CGA then states that the service must be provided with...

8. BX v KI & NI [2024] NZDT 881 (7 June 2024) [pdf, 192 KB]

   ...The Tribunal orders: KI and NI, jointly and severally, are to pay the sum of $16,800.00 to BX on or before 24 June 2024. Reasons: 1. In February 2018, BX saw an advertisement in the “Flatmates Wanted” category on [an online selling platform]. A married couple living in a four-bedroom house in [redacted] were looking for “Professional single or couple who want their own space”, and the rent was “$225 per week”. The advertisement stated: “The house is split in 2. We ha...

9. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   ...changes were made to the design of the mezzanine floors, roof height in some locations and spacing of joists. During a failed pre-line check in May 2001 and a recheck in July 2001 the Council inspector noted some of the changes to the plans and requested further documentation. The paper records suggest little was done about this until construction was almost complete. At that stage either the Council or Andre approached Mr Burrows for certification that the dwelling was still...

10. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

    ...2 August 2018). However, I am not satisfied that the Heating System is operating as it should when it keeps dropping in pressure when pressured up, even if it is better since the work done by K Ltd and have concerns regarding its durability and performance over time. (j) CH has paid Q Ltd in full for the Heating System, but he does not have a Heating System that he is confident is working correctly because it is still regularly drops in pressure and the radiators are not heating consi...