Search Results

1. GU & OG v T Ltd [2024] NZDT 4 (5 January 2024) [pdf, 195 KB]

   ...the materials used on the cabinet doors. 15. I am not satisfied that the applicants have been able to sufficiently prove their claim. 16. The claim is dismissed. Referee: D Alofivae Date: 5/1/2024 Page 3 of 3 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...

2. Armstrong v Accident Compensation Corporation (Disposal of appeal) [2025] NZACC 130 [pdf, 132 KB]

   ...Corporation did not comply with the 9 October 2024 timeframe. [7] Mr Armstrong filed an application to appeal the Reviewer’s decision on 10 March 2025. [8] The Corporation compiled a list of all pharmaceutical and private travel reimbursement requests that it had paid to Mr Armstrong, including payment dates and bank account details into which payment was made. (the reimbursement list) [9] The reimbursement list was set by email to Mr Armstrong on 14 May 2025. The Corporation re...

3. KN v MG [2025] NZDT 89 (23 April 2025) [pdf, 179 KB]

   ...reasonable given the repairs carried out and the nature of the damage. I find the respondent liable for half this amount. Hannan DTR Disputes Tribunal Referee 23 April 2025 2 Voluntary assumption of risk Page 3 of 3 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...

4. SM v UU Ltd [2022] NZDT 159 (15 December 2022) [pdf, 159 KB]

   ...seen in the water tank. CI0301_CIV_DCDT_Order Page 3 of 6 [17] NC provides other explanations for the damage including direct action by third parties trying to steal water or other nefarious reasons to be on top of SM’s water tank. NC later formed the view that the more likely explanation is subsidence. NC has visited the property and notes the water tank is by a bowed retaining wall, likely placed on fill rather than a firm base as recommended, and the wall of the tank has pulling...

5. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [pdf, 604 KB]

   ...had been provided with negligent advice by [JPBN] and advised to advance a counterclaim when that claim had little prospect of success. (b) She had not been advised at commencement as to the potential cost of the proceedings. (c) She had made request for a full account of time spent on her file, but this had not been provided. By way of outcome, Ms RL made request for [JPBN] to be investigated. 3 Subsequent to filing her initial complaint, Ms RL expanded on her complaint in...

6. [2012] NZEmpC 156 Newick v Working In Ltd [pdf, 226 KB]

   ...Judgment: 7 September 2012 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] The defendant (Working in Limited (WIL)) seeks orders striking out one of the plaintiff’s causes of action. 1 The cause of action relates to a claim of estoppel. The defendant submits that the claim is not within the Employment Court’s jurisdiction and is otherwise an abuse of process. The abuse of process argument is advanced on two grounds. Firstly, that the estoppel cl...

7. Handy v New Zealand Fire Service Commission (Strike-Out Application No. 2) [2019] NZHRRT 19 [pdf, 90 KB]

   ...strike out application and submissions. Under this timetable, Mr Handy’s notice of opposition together with any affidavits in support were to be filed by 5.00 pm on Tuesday, 22 January 2019. [8] On 24 January 2019 Mr Handy emailed the Secretary requesting an extension of time due to medical reasons. The request was supported by a medical certificate, dated 18 January 2019, issued by Dr Chetan Patel. The certificate stated: The above patient was seen and examined by me and in my o...

8. New fees framework for family legal aid providers - summary April 2012 [pdf, 925 KB]

   ...will assist in ensuring that sufficient legal aid providers continue to be available; The frequency of Additional Factors has increased as has the fixed fee level. We also take the view that an amendment to grant is a more suitable mechanism to request additional funding where applicable; Full fees are available for repeatable activities. Activities which attract reduced fees due to efficiencies have been scaled back to apply within a schedule as opposed to across the schedules. Th...

9. Wai 3300, 2.6.011 Memorandum directions of Chief Judge Dr C L Fox following inquiry design judicial conference [pdf, 512 KB]

   ...claimants in their kōrero. Claim participation and eligibility 36. Crown counsel advised that the Crown had not yet conducted a thorough claim-by-claim analysis with respect to eligibility issues, in part to avoid an overly adversarial approach. Counsel requested the Tribunal and counsel to consider whether such a claim analysis was necessary or desirable at this stage, prior to the wānanga takiwā. 37. Several claimant counsel sought a further opportunity to file statements of claim for...

10. DE v KN [2024] NZDT 890 (11 December 2024) [pdf, 173 KB]

    ...of past or present facts, including “half-truths”, the Courts have found a breach of section 352. Representations about the property 19. DE claims that the selling agent said that the property was in “decent condition”. A disclosure form was supplied which said: a. there was only one leak in the middle bedroom which had been repaired; b. there were no further leaks in the property to their knowledge; and c. the respondent had disclosed any and all issues they knew...