Search Results

1. AU v ACC (Personal Injury) [2024] NZACC 098 [pdf, 466 KB]

   ...June 2024 Held at: Wellington by AVL Appearances: The Appellant is self-represented J Sumner for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims for personal injury - ss 20, 25, 26, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 12 June 2023. The Reviewer dismissed applications for review of: 2...

2. [2018] NZEmpC 88 Lorigan v Infinity Automotive Ltd [pdf, 321 KB]

   ...the other. [13] On 14 April 2009, an IEA was signed between Perry’s and Mr Lorigan, backdated so as to be effective from 24 March 2009. As will be discussed later, Mr Lorigan pleaded that this document was signed under duress, and he now informs the Court that he considers it to be void. [14] On 31 May 2009, Perry’s amalgamated under Part 13 of the Companies Act 1993 (the CA) with two other companies in the Sime Darby Group. The evidence is that as a consequence of the am...

3. Bridge v The Real Estate Agents Authority (CAC 409) and Edwards [2018] NZREADT 61 [pdf, 312 KB]

   ...vendors on 6 May 2016. She referred to the hole in the chip heater flue, the lack of hot water in the laundry, and the garage spouting (describing it as “buggered”). She did not refer to the fence. [7] On 9 May, Mr Bridge’s solicitors requested a price reduction of $7,500 from the vendors’ solicitors: … Our client put in an offer on a “sight unseen” basis, relying upon representations by the agent. A building report has identified that the property is not concr...

4. Wolverhampton v Shaftesbury LCRO 145 / 2009 (23 June 2010) [pdf, 170 KB]

   ...been posted nor had it been placed in an envelope. The Standards Committee informed the Practitioner accordingly. [4] The Practitioner wrote again to the Standards Committee on 15 June 2009 challenging the truthfulness of the Applicant‟s claim that she did not know how the document came to be in her letter box. He contended that she had found the document among her papers and had herself placed it there. He reiterated his earlier stance that the Applicant had the document a...

5. DK & EK v S Ltd [2024] NZDT 359 (27 March 2024) [pdf, 194 KB]

   ...claim that their contract did not include a term limiting the liability. 21. That is because the terms of a contract are set at the beginning of the contract and cannot be introduced part way through the transaction. In my view the contract was formed at the point S Ltd accepted DK and EK’s request to come and inspect the property. 22. Given DK and EK only received the term limiting liability after this (ie once they received the report) it did not form part of their contractual a...

6. [2010] NZEmpC 113 Service and Food Workers Union & Ors v OCS Ltd [pdf, 79 KB]

   ...the second plaintiffs transferred to OCS as their new employer on the same terms and conditions of employment. So although the identity of the second plaintiffs’ employer changed as did their work, the terms and conditions under which they performed these duties have continued, at least for a short period. [3] The history of relevant events in this case is as follows. Before 1 July 2010, cleaning work at Massey’s sites in Albany, Palmerston North and Wellington was carried...

7. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   UNITED NATIONS CERD International Convention on the Elimination of all Forms of Racial Discrimination Distr. GENERAL CERD/C/SR.1822 8 August 2007 Original: ENGLISH COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Seventy-first session SUMMARY RECORD OF THE 1822nd MEETING Held at the Palais Wilson, Geneva, on Thursday, 2 August 2007, at 10 a.m. Chairperson: Mr. de GOUTTES CONTENTS CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STA...

8. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...Tribunal). The covering email stated that $30,000 was overdue and the failure to pay would result in legal proceedings. [21] The Lammases replied by email on the same day. They were referring correspondence from the Freears to the new agency. They requested a copy of the recording taken by Ms Freear of Mr Lammas while he was standing at the front door of his private property. 5 [22] Mr Freear responded by email on 24 December 2019. He said the matter was not with the n...

9. LCRO 236/2017 HC and CI v PR (10 December 2019) [pdf, 100 KB]

   ...High Court. [7] This decision necessarily proceeds on the basis of the materials that were before the Committee, and a determination of unsatisfactory conduct that cannot be overturned by this Office on review, whatever alternate view might be formed as to the propriety of the unsatisfactory conduct determination or the complainants’ veracity. [8] For an order to be made pursuant to s 156(1)(d) of the Act, there must be evidence that supports the complainants’ claim to compens...

10. BD v DS Ltd [2020] NZDT 1504 (14 October 2020) [pdf, 134 KB]

    ...does not necessarily mean they had something to hide. There could be other reasons. Conclusion 25. For the reasons above, DS’s claim is dismissed. Referee: Ms G Jaduram Date: 14 October 2020 Page 4 of 4 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...