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1. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...Bidwill Street, Mt Cook, Wellington 6021 kle@klelaw.com 43 Takitimu MB 201 Introduction [1] Wero Karena seeks an injunction, a judicial conference, and, I apprehend, a review of trust and the removal of the trustees of Te Koau A Trust. Mr Karena claims that the trustees have, in summary, breached their duties sufficient to warrant an investigation as to their removal. His principal complaint appears to be that the trustees have failed to maintain the trust property and provide...

2. 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...

3. 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...

4. [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...

5. 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...

6. [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...

7. 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...

8. 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...

9. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...on the particular points which needed further evidence. For the purposes of the unions’ challenge, Te Whatu Ora had filed an affirmation from Ms Vant, its junior counsel. She outlined the process that had been undertaken and provided some information as to why the public interest privilege had been claimed. At the hearing, senior counsel for Te Whatu Ora, Ms Casey KC, told the Court the defendant would be prepared to file further evidence elaborating on certain paragraphs of Ms...

10. [2015] NZEmpC 149 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 140 KB]

    ...[3] In the first proceeding (EMPC 152/2015) the Union and its members employed at (now) three North Island meat plants allege that AFFCO’s actions in insisting upon employing those employees on the company’s own and largely non- negotiable form of individual agreement is unlawful in a number of respects. In June 2015 when that proceeding was first issued, those plaintiffs also sought an interlocutory injunction restraining AFFCO from unlawfully locking out those employees. For...