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1. KU v KG Ltd [2023] NZDT 18 (27 January 2023) [pdf, 195 KB]

   ...failing to provide what it agreed to. 9. The loss KU incurred was the cost of the voucher which was for $2,500. An order is therefore made for that amount. Referee: K Cowie DTR Date: 27 January 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...

2. TQ v B Ltd [2024] NZDT 43 (20 February 2024) [pdf, 165 KB]

   ...the terms of the Sale and Purchase Agreement required the respondent to remove asbestos. For that reason, the claim must be dismissed. Referee: B M Smallbone Date: Tuesday, 20 February 2024 Page 2 of 2 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...

3. LC v NS [2023] NZDT 220 (18 April 2023) [pdf, 95 KB]

   ...insufficient basis to calculate any loss, as is a comparison to what they would have cost new and complete. 11. The claim would have failed on this basis also. Referee: A Hayes Date: 18/4/23 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...

4. N Ltd v P Ltd [2024] NZDT 751 (13 September 2024) [pdf, 208 KB]

   ...rebate of $3,300.00 for disruption to its business. P Ltd disputes the claim. 2. The relevant provision in the lease is ‘Partial Destruction’ which says at 27.1 3. If the premises or any portion of the building of which the premises may form part shall be damaged but not so as to render the premises untenantable ... the landlord shall with all reasonable speed expend all the insurance moneys received by the landlord in respect of such damage towards repairing such damage or rein...

5. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

   ...thought that the next step in the proceeding was to be taken by the Company and was waiting for that to happen. She also says that she was unable to pay a lawyer for advice. What any explanation must overcome is the fact that the notice which forms part of the statement of claim specifically advised Ms Little of her obligation to file a statement of defence within 30 days. While I accept that Mrs Little genuinely held the mistaken belief she refers to, it suggests that she failed t...

6. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

   ...April 2024 Held at: Auckland District Court Appearances: The Appellant is self-represented B Johns for the Accident Compensation Corporation (“the Corporation”) Judgment: 17 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process – ss 134(1), 149(1) , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 July 2022. The Reviewer dismissed an application for review of the Cor...

7. Van Wey Lovatt v Accident Compensation Corporation (Costs) [2024] NZACC 171 (29 October 2024) [pdf, 234 KB]

   ...Application was frivolous and devoid of any merit. No question of law arose that was capable of bona fide and serious argument. [3] Dr Van Wey Lovatt concedes that the change in the District Court Rules effective from 1 September 2024 makes her request for leave to appeal moot. Nevertheless, she submits that the Application was made in good faith before the Rules were changed and submits that no costs award should be made. In this regard, she relies on r 14.7(d), (e) and (f) of the...

8. Howell v Accident Compensation Corporation [2025] NZACC 6 (Jurisdiction) (13 January 2025) [pdf, 168 KB]

   ...which relate to the procedural history of the claims– [5] Ms Howell suffered an injury at work in 2012. A claim for a lumbar/sacroiliac ligament sprain was lodged. [6] Ms Howell had an anterior interbody fusion of L5/S1 in October 2013, performed by Mr Rowan Schouten. [7] In February 2017 Ms Howell had a supplementary posterolateral fusion with fixation with pedicle screws. [8] On 2 March 2018 the Corporation declined Ms Howell’s treatment claim for anterior lumbar inter...

9. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...accident. ACR 132/20 [3] The Corporation submits that the weight of evidence does not support a causal link between the appellant’s ongoing cardiac related symptoms and the 1984 accident. Background [4] In May 1985, the appellant lodged a claim for cover for a respiratory problem and ear infections suffered over a four-month period in 1984 while he was working at a timber yard and was exposed to dust and certain chemicals (including velpar). The claim was declined by th...

10. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

    ...“security interest” (1) In this Act, unless the context otherwise requires, the term security interest— (a) Means an interest in personal property created or provided for by a transaction that in substance secures payment or performance of an obligation, without regard to— (i) The form of the transaction; and (ii) The identity of the person who has title to the collateral; and (b) Includes an interest created or provided for by a transfer of...