Search Results

1. Ward v Accident Compensation Corporation (Revocation of deemed cover) [2024] NZACC 173 (31 October 2024) [pdf, 177 KB]

   ...impacting lower back and hips in crunched position. [3] On 25 July 2018, Mr Ward had x-rays taken of the lumbar spine. The report concluded that he had lumbar disc degeneration and L5/S1 spondylolisthesis. [4] On 10 December 2019, Mr Ward requested that a right hip and thigh sprain be added to his claim. [5] Mr Ward subsequently came under the care of Mr Rodney Gordon, an orthopaedic surgeon. On 20 January 2020, Mr Gordon provided his initial assessment: … He [Mr Ward...

2. B Ltd v NK & KX [2025] NZDT 28 (27 January 2025) [pdf, 177 KB]

   ...costs on a solicitor/client basis.” 44. KX rightly submits that the Tribunal generally may not award costs (section 43 of the Disputes Tribunal Act 1988). However, as she points out, the claim by B Ltd is based on the contract and therefore is a form of damages for breach of contract. 45. KX relied on a decision of the Civil and Administrative Tribunal in Australia which considered whether a party could be awarded costs claimable under section 106 of the Strata Schemes Management...

3. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

   ...awarded to ND in this circumstance. Did BC misrepresent there would be a mechanical warranty with the van? [23] BC stated that he never said there would be a mechanical warranty with the van. However, ND provided evidence that in April 2022 BC had requested the mechanical warranty, the mechanical breakdown insurance policy to be transferred. The insurer QJ advised that BC’s circumstances did not meet the policy conditions because he was not the first owner insured under the policy...

4. WNO v Oranga Tamariki [2025] NZHRRT 13 [pdf, 127 KB]

   ...claims that Oranga Tamariki’s refusal to provide her with the redacted information interfered with her privacy in breach of the Privacy Act 2020 (PA). Oranga Tamariki denies WNO’s claim. BACKGROUND [4] From January 2020, WNO made several requests to Oranga Tamariki for her personal information. At the time of WNO’s requests, her child BPQ was in the care of Oranga Tamariki. Oranga Tamariki’s Customer Information Requests (CIR) team accordingly developed a plan to release...

5. HB- & UB v KN [2023] NZDT 49 (9 February 2023) [pdf, 200 KB]

   ...against KN is dismissed. It may be that the applicants consider they have claims against other parties. But that is a matter for the applicants to pursue. Referee: Souness - DTR Date: 9 February 2023 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 re...

6. V Ltd v BT [2023] NZDT 370 (11 May 2023) [pdf, 133 KB]

   ...through implied consent? • If so, what is BT liable to pay? Did BT agree to the clawback terms through implied consent? 8. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. A party can be considered to have agreed to contractual terms by their conduct. 9. I find that BT did agree to the clawback terms through implied consent. 10. This is for the fo...

7. KW & TW v S Ltd [2024] NZDT 824 (17 October 2024) [pdf, 218 KB]

   ...are not stated, nor is the evidence upon which he based his opinion. I am therefore not persuaded that the assessment of poor paint quality and poor application can be relied upon. 8. The door manufacturer did not view the doors but provided information on how they should be painted. SM and NM, directors of S Ltd, state all such manufacturers’ recommendations are followed. There is no evidence the recommendations were not followed, nor any evidence the doors themselves are defecti...

8. M Ltd v Q Inc [2024] NZDT 743 (28 November 2024) [pdf, 196 KB]

   ...strictly commercial aspects of the agreement, until its expiry. I see no basis for upholding this, or any other part of the applicant’s claim. Referee: G.P.Rossiter Date: 28 November 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...

9. LL v KN [2024] NZDT 369 (27 June 2024) [pdf, 173 KB]

   ...absence of good evidence about these costs, I allow $80.00 compensation. 10. In conclusion, LL is entitled to a refund of $560.00 ($640.00 - $80.00). Referee: Sara Grayson Date: 27 June 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...

10. LA OAJ Ltd v BK SJ Ltd UJ Ltd [2022] NZDT 83 (7 April 2022) [pdf, 220 KB]

    ...substantially reduced below the income he received for the equivalent period the year before. I note that at the hearing I asked LA whether he had received any government subsidies for loss of earnings during the period and he was unable to recall this information but said he did receive them during lockdowns in the 2020. LA suggested that the weekly subsidy payable may have been around $600.00 per week. 36. I consider that given the uncertainty about the amount of likely earnings in th...