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1. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

   ...signature on a piece of paper given that since 2005 ACC automatically awarded the highest whole person impairment rating to those diagnosed with mesothelioma. [26] She also says that ACC should have a policy of sending lump sum compensation forms with its cover decisions for mesothelioma. Decision [27] In this case the late Mr Simpson died of malignant mesothelioma on 25 June 2019 at the age of 78. He had been diagnosed with mesothelioma, according to the joint statement of f...

2. BS Ltd v UN [2024] NZDT 164 (11 April 2024) [pdf, 166 KB]

   ...the value of the materials required to remedy any defect only. Conclusion on Quantum 43. I have found that one of the rafters and the associated purlins need adjustment. I have also found that the roofing iron on the western elevation has deformed at the purlins due to the frame deflections and needs replacement. I have also found that the ridge capping requires replacement. 44. UN has provided a repair costing that addresses these concerns in the adjusted amount of $36,526.88....

3. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...Cavell Leitch Law who from that point on provided advice in relation to the Trust’s employment issues with Mrs Walker. 9. On 27 February 2012 Mr Weir and the Board’s then chair Helen Slot-Brand had an initial meeting with Mrs Walker to inform her that 4 See for instance Julian v Air New Zealand Ltd [1994] 2 ERNZ 88 (EmpC); and New Zealand Police Assoc Inc v Commissioner of Police [1995] 1 ERNZ 658 (EmpC). certain all...

4. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 KB]

   ...assault, when she was pushed downstairs and kicked in the back. She suffered bruising in that accident but no fractures.1 [6] In early 2001, Ms Henderson contacted the Corporation to seek entitlements on her 1982 and 1998 injury claims. Medical information was obtained by the Corporation, which included several reports from Mr Gordon Howie, Orthopaedic Surgeon, who had treated Ms Henderson from February 2001 onwards. [7] On 21 May 2001, Mr Howie, having reviewed Ms Henderson...

5. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...she told the Tribunal had a blank space at the bottom where the vendor’s solicitor would sign, date and return them to Harcourts. [19] Ms Whitney told the Tribunal that she did not hear from Mr Naidu and asked Mr Kumandan to get the confirmation forms signed. She said “he told me that he was going to see Mr Naidu and so would get them signed”. She said that one or two days later Mr Kumandan returned the two files to her with the signed acknowledgements – these documents are Ex...

6. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...this reason told him that he would not be required to work out the period of notice. [2] Mr Hook contends that he was constructively dismissed. Mr Hook filed a personal grievance with the Employment Relations Authority (the Authority) claiming unjustified constructive dismissal, together with a claim for unjustified disadvantage. His grievance was dismissed. 1 The claim [3] Mr Hook has challenged the Authority’s determination on a de novo basis. The sole relief...

7. Body Corporate 85927, 38 Roxborough St v Wellington City Council [2010] NZWHT Wellington 12 [pdf, 203 KB]

   ...cladding and membrane failure then questions of carelessness in application fade away. 61. On the matter of materials, Mr Walter stated the company initially quoted to do the cladding work in insulclad. Mr Walter said the company was then requested to “trim back” the quotation and was requested to do a quotation using a cheaper product, Alchemis. Mr Walter was a credible witness. He was not cross examined on this point. 62. His evidence is corroborated by a facsi...

8. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 140 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

9. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

   ...covered by the building wrap and is moisture stained. [63] There is moisture penetration through the LAM on the flat roof. The LAM is incomplete at the north end. [64] The west balcony has a ply substrate, LAM and tile finish. The balcony forms the roof of the living room. The internal gutter at the balcony is incomplete at the outer edge of the ply substrate and the transition through the balustrade towards the rain head. There is no drip edge and moisture is not preven...

10. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

    ...that although there were pre- existing issues with the Trailer, these did not cause or contribute to the Event, rather, the bolts sheared off when the Trailer jack-knifed into the Ford. 12. Having carefully considered the available evidence and information, I find that HM has proved, on the balance of probabilities, that B Ltd breached the duty it owed him by not taking reasonable care with the Trailer (ie B Ltd was negligent), and this caused the damage to the Ford. I make this findin...