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1. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...Kent and [the RN] have differing recollections of whether a cross- checking procedure occurred. 3. Dr Kent stated that he stopped and took some time to consider what to do, before talking to Mrs Ashworth about it. Dr Kent told HDC that he then informed Mrs Ashworth of the options available to her, and believed he obtained her consent to proceed with the KAMRA inlay in her left eye. Dr Kent then inserted the KAMRA inlay into her left eye. [8] The Commissioner found Dr Kent breached the...

2. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...that regrettable delay. 2 Background [3] The director of Company 1, Mr VL, instructed Law Firm 1 to act on the purchase of a commercial fishing vessel. Approximately two months later the boat was stolen, apparently by another party claiming ownership of the vessel. [4] Mr RG took steps in the District Court to remedy the situation and an agreement was reached about ownership. However Maritime New Zealand indicated that a High Court order was needed to amend the Registe...

3. [2021] NZACC 146 – Buis v ACC (28 September 2021) [pdf, 248 KB]

   ...with Mr Buis that the “all information necessary” date should be the date of the Accident Compensation Appeal Authority’s review decision in Lewis7 which moved the date to 13 July 1992. [9] On 28 April 2017 Mr Buis wrote to the respondent requesting that it reconsider his entitlement to interest on the arrears ERC that had been paid to him in December 2006. His position was that interest on the payment should be calculated under the original s 72 (“the original s 72”) of...

4. Paul v Doorbar - Pukepapa 3 (2020) 414 Aotea MB 16 (414 AOT 16) [pdf, 218 KB]

   ...together with David Doorbar and Alice Katene Doorbar, are now the trustees of the marae reservation. Robert Paul then resigned on 28 February 2019. Procedural history [8] The application was first heard on 20 June 2017.6 While I had received a request for an adjournment, as the trustees and the committee members of OHMC could not attend, the hearing proceeded with Ms Paul as a further fixture would not take place until later in the year. Ms Paul raised concerns about obtaining...

5. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

   ...4 [2007] ERNZ 271. 5 At [43]. a statutory requirement to provide a properly particularised statement of claim. In that sense, it reinforces the general requirement that a statement of claim should fully, fairly and clearly inform the Court and the defendant of the nature and details of the claim, the relief sought and the grounds upon which it is sought. 6 While proper pleadings play a very important part in ensuring that proceedings are decided fairly and econo...

6. Heath v Auckland Council [2012] NZWHT Auckland 20 [pdf, 193 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000064 [2012] NZWHT AUCKLAND 20 BETWEEN GLEN JOSEPH HEATH AND MICHELLE SUZETTE HEATH Claimants AND AUCKLAND COUNCIL (formerly known as NORTH SHORE CITY COUNCIL) First Respondent AND LYNETTE GAY HART (NEE BOLTE) Second Respondent AND DAVID GRAHAM DELAMARE (Removed) Third Respondent AND THORNE DWYER STRUCTURES LIMITED Fourth Respondent AND ROBERT LESLEY REID Fifth Respondent AND JULIAN MATTHEW WOUL

7. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the general law of contract and the Contract and Commercial Law 2017. A contract is a binding agreement formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. The general position is that the buyer must be...

8. CI v LU [2023] NZDT 786 (19 December 2023) [pdf, 176 KB]

   ...into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 7. The contract between the parties was formed when the auction closed with the buyer as the highest bidder. The buyer suggested that the point of sale was 23 May on the basis that the auction contract lapsed due to being conditional on the warrant being passed. However, the conditi...

9. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   ...person Mr DM O’Neill for Defendant DATE OF HEARING: 16 December 2011 and 23 January 2012 DATE OF DECISION: 7 September 2012 DECISION OF TRIBUNAL Introduction [1] The case for Mr Steele is that when on 19 November 2010 he made a request under information privacy principle 6 for access to personal information about him held by the Board of Trustees of Salisbury School, the Board failed to make a decision on that request within the time limit fixed by s 40(1) of the Pr...

10. [2022] NZACC 180 — Coldrick v ACC (20 September 2022) [pdf, 176 KB]

    ...Compensation Act 2001] Introduction [1] This is an appeal from the ruling of a Reviewer dated 14 April 2022. The Reviewer issued a procedural ruling in relation to Fulton Hogan’s decision dated 10 November 2021 declining Mr’s Coldrick’s request for physiotherapy. Background [2] On 25 February 2020, Mr Coldrick twisted his right knee while standing on a boulder at work. His GP, Dr McGuire, lodged a claim for cover for a sprain of the right knee/leg. On 27 March 2020, th...