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1. [2022] NZACC 3 – Foster v ACC (13 January 2022) [pdf, 201 KB]

   ...consulted his GP, Dr Kathryn McDonald. She referred in her clinical notes to Mr Foster having chronic tendinitis and noted that he 2 “often has to lift heavy furniture and kitchen bench tops”. Dr McDonald completed an ACC injury claim form. She identified Mr Foster’s personal injury as a sprain of the shoulder/upper right arm, attributed to “spray painter and sander 18 years gradual onset R scapula pain deep pain sub scap ligaments”. [4] On 1 May 2009, a Medical Pr...

2. Abraham v Auckland City Council [pdf, 111 KB]

   ...attend the hearing. [7] On the morning of the hearing the WHRS claims advisor received an email from the Second Respondent Mr Hinton indicating that he could not get to Auckland that day as he was “unwell with the flu”. He did not formally request an adjournment. After some discussion I decided to proceed with the hearing in his absence on the basis that, while he had not provided a formal response as requested, I knew the thrust of his response to the claim because it was (...

3. HE v QZ [2023] NZDT 373 (4 May 2023) [pdf, 222 KB]

   ...to carry out; and/or; b. Even if there was no actual remedial work, HE spent $6,000- $7,000 more than he would have if QZ had not left the job. 36. However, HE faces the following difficulties in respect of those arguments: a. The only information provided about defective building work is the QC Ltd statement, quoted above, which was written in November 2020, well over a year after QZ left the site. There are no photographs or other evidence showing the allegedly defective work...

4. CW v Accident Compensation Corporation (Claim for Mental Injury) [2022] NZACC 241 [pdf, 202 KB]

   ...Respondent Hearing: 2 December 2022 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment: 12 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 22 February 2022. The Reviewer dismissed an application for review of the Corporation’s decisio...

5. UB v NC [2023] NZDT 628 (8 November 2023) [pdf, 141 KB]

   ...probabilities that the appropriate remedy is for NC to pay to UB $2,697.50. Accordingly, this amount is awarded. Referee: DTR Fuli Date: 8 November 2023 CI0301_CIV_DCDT_Order 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 rehe...

6. DM & ND & TM v NN & F Ltd [2023] NZDT 440 (15 September 2023) [pdf, 200 KB]

   ...jointly liable to pay arrears of $14,729.22 minus a rent reduction of $1265.00 due to water ingress, being $13,464.22. The balance of the counter-claim is dismissed. Referee Perfect Date: 15 September 2023 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...

7. H Ltd v G Ltd [2023] NZDT 265 (11 May 2023) [pdf, 110 KB]

   ...District Court [2023] NZDT 265 APPLICANT H Ltd RESPONDENT G Ltd The Tribunal orders: G Ltd is to pay the sum of $26,297.50 to H Ltd on or before Tuesday 30 May 2023. Reasons: 1. In 2020 and early 2021, H Ltd performed earthworks on two construction sites in Auckland ([Site 1] and [Site 2]) as a subcontractor for G Ltd. H Ltd invoiced a total of $246,094.00 for those works, and G Ltd also incurred iron plate rental charges to 22 February 2022 totalling...

8. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has sought leave to amend its pleadings as to the quantum of damages it is seeking against the defendants. The amendment consists of deleting two paragraphs of the combined statement of claim and further particulars which set out the calculation of damages for the period 1 April 2004 until 31 December 2004, totalling $1,796,000, and sought, in paragraph 25, a sum of not less than $1 million from the first de...

9. S Ltd v CN [2024] NZDT 900 (13 February 2024) [pdf, 319 KB]

   ...It also became apparent that certain engineering attendances to the mechanics were required. 15. It was then decided that due to the extensive work required, the applicant would carry out the work. Hence a more comprehensive contract was then formed between the parties. What happened then? 16. The applicant could not commence work immediately so the respondent in early June 2021 cut out a section of the rotten hull to enable the work required to be better assessed. 17. At...

10. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

    ...regarding the Truck and the engines took place over some years, as detailed below. Did I Ltd (or its nominee) have a contract with S Ltd, and if so, what was agreed about transportation? 6. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...