Search Results

1. Jones v Accident Compensation Corporation [2016] NZACA 02 [pdf, 250 KB]

   ...date (Corporation’s memorandum 24 January 1996). Again, I do not know whether the decision is missing, but I have not seen it. The certificate is missing. I do not know if any review was sought. [24] On an unknown date, Mr Jones once more requested ERC, but was now claiming ERC backdated to the date of the accident on 5 January 1988. The claim document is not available. This is the claim which is the subject of the current appeal. 6 [25] On 8 March 1993, Dr B...

2. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...his legal costs incurred in his application to set aside the paternity order. Complaint [9] Mr MC lodged a complaint with the Lawyers Complaints Service on 9 June 2017. (1) Terms of engagement – rules 3.4, 3.5 [10] He claimed despite requesting Mr TL on three occasions to sign the terms of engagement, Mr TL told him [Mr TL’s] signature was “not a requirement” of the terms of engagement. 1 Family Court order (25 No...

3. CD v X Ltd [2024] NZDT 262 (26 March 2024) [pdf, 140 KB]

   ...reported that the owner of the car was not a bona fide customer of [shopping centre], and the car had been parked overnight. 14. WI said that request breaches are somewhat different to breaches issued for exceeding the time limits. She says on her information, CD had parked in breach of the terms and conditions of the car park and the initial breach notice was correct. 15. I do not accept that the initial breach notice correctly stated what terms and conditions CD had been in br...

4. Waitangi Tribunal - issue 61 of Te Manutukutuku [pdf, 1.1 MB]

   ...under a quarter of the original confiscated lands. It located its blocks arbitrarily and without the consent of those Mäori affected. The hapu of Ngäti Ranginui, in particular, were affected by the unfair way in which land was returned. The form of title used for the return was individualised European tenure. Mäori customary title was thus abolished without the consent of owners. Copies of the Tauranga Raupatu Report at the release in 2004. Professor Keith Sorrenson, histo...

5. AM v BN [2022] NZDT 176 (29 September 2022) [pdf, 103 KB]

   ...he says he did not sell the car to Mr AM. 2. When two people agree for one of them to sell a car and the other person agrees to buy that car, and the buyer pays for the car with either money or something of value eg a car swap, a contract is formed between the two parties. Section 135 of the Contract and Commercial Law Act 2017 (“CCLA”) provides that it is an implied condition of that contract that the seller has the right to sell that car. If the effect of a security interest...

6. LT v NS [2023] NZDT 277 (2 August 2023) [pdf, 97 KB]

   ...the respondent would begin repayments on the outstanding US$17,000. There also appears to have been discussion on the respondent making provision for the repayment of any outstanding portion under his will. The applicant recorded the meeting in note form, the respondent did not sign the note. The respondent has provided no evidence on the content of the meeting nor confirmed the date on the advice of this lawyer. He has not denied a meeting took place and discussion on the outstanding loan...

7. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...before they are sent to the Council; and 4. Mr B will apply for consent within 8 weeks of demolition being completed. 20) On 28 June 2017, Mr B emailed Southern Response referencing the earlier discussion with Ms F. The email states: I… informed you that we had moved out of our house and it could be demolished as soon as you were ready … I understand that our lawyer had informed you that we had moved out in Mid April which means the house has been empty awaiting demolition...

8. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...further particulars in the Employment Court Regulations, rule 185 of the High Court Rules applies. The settled principles from authorities relating to that rule are that there must be sufficient particulars in a statement of claim to: • Inform the other party of the nature of the case as distinguished from the mode in which the case will be proved.1 • Prevent surprise. • Enable the preparation of evidence. • Limit and define the issues. [5] The difference between fact...

9. L Foundation v OS [2023] NZDT 554 (9 February 2023) [pdf, 202 KB]

   ...determining those questions. This was a commercial arrangement. The Trust is required to maintain accurate and complete financial records of its assets, income, and expenses. There will be bank statements, records of sales (such as advertising information, emails and texts with purchasers, etc) that should enable an accurate calculation of the number of sales and therefore the amount of commission owed to OS. There should be some record of the sale of the final two pups. There should be...

10. CO v KY & Ors [2024] NZDT 807 (19 August 2024) [pdf, 134 KB]

    ...was the first agent to show her clients through the property. 15. KY and G Ltd do not owe CO any money toward the commission. The claim is dismissed. Referee: K O’Shea Date: 19 August 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 rehe...