Search Results

1. Turkmani v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 127 (24 July 2024) [pdf, 256 KB]

   ...report to ACC 14/04/2016 a way forward would be for the client to be referred by his GP to him at Christchurch Public Hospital for further management. 6 [17] On 7 May 2017, Mr Dalzell completed an Assessment Report and Treatment Plan (ARTP) requesting the Corporation to fund an instrumented decompression and fusion procedure at the L4/5 level. The diagnosis was a pars defect at L4/5. As to the causal link between the proposed treatment and the covered injury, Mr Dalzell said...

2. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

   ...Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 July 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 4 March 2022 declining Mr Giddy’s request for weekly compensation. Procedural matter [2] Prior to the hearing of this appeal, the parties’ representatives were requested to provide an agreed statement of facts and issues in this appeal, and the Court 2 recei...

3. BI v O Ltd [2024] NZDT 269 (27 February 2024) [pdf, 182 KB]

   ...service by OX was reasonable. I have considered BI and KI’s submissions that KI was misled when she relied on the technician’s telling her that they could fix the chip in the windscreen. However, I am satisfied that OX took all precautions and informed KI appropriately. There was an offer made by OX to give a discount to KI if she wanted her windscreen replaced by Novus West, however this was not taken up. The fee for attempting to fix the chip of $100 was not charged. 10. I find B...

4. NG & OG v JS [2024] NZDT 33 (18 January 2024) [pdf, 151 KB]

   ...their claim to the required standard. If an applicant fails to do that, then the claim must be dismissed whether it has merit or not. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties. I would like to reassure the parties that all information and evidence presented to the Tribunal has been considered, but this order refers only to essential material and is not intended to be a...

5. HRRT Statement of reply [pdf, 386 KB]

   For more information visit www.justice.govt.nz/tribunals The Human Rights Review Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals HRRT 06/09 - 4 Office use only: HRRT NoStatement of Reply What is this form for? Use this form if you are a named as a defendant in a ‘Statement of Claim’ and wish to file a ‘Statement of Reply’ in response to the allegations made against you. Important Information 1. Please print in CAPITAL LETTERS 2. It is important tha...

6. EI v TB [2020] NZDT 401 (19 March 2020) [pdf, 130 KB]

   ...amount claimed? [16] Having made the findings in paragraph [14], I also find that EI is not liable to pay the amount claimed. I therefore dismiss TB’s claim. Referee: P Ferguson Date: 19 March 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...

7. EI v TB [2020] NZDT 1699 (19 March 2020) [pdf, 189 KB]

   ...amount claimed? [16] Having made the findings in paragraph [14], I also find that EI is not liable to pay the amount claimed. I therefore dismiss TB’s claim. Referee: P Ferguson Date: 19 March 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...

8. OO v SL [2024] NZDT 196 (19 January 2024) [pdf, 105 KB]

   ...sum of $3,995.92 ($4,830.00 - $834.08 reparation). Referee: DTR Unasa Date: 19 January 2024 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 re...

9. U Ltd v J Ltd [2024] NZDT 762 (11 December 2024) [pdf, 121 KB]

   ...was of the same kind throughout the house, and J Ltd had applied an excess to each room when, if one room CI0301_CIV_DCDT_Order Page 2 of 4 only had been damaged, it would have been obliged to replace the entire carpet in order to ensure uniformity. It was impossible for U Ltd to establish details of how and when these events occurred, and equally impossible to pinpoint how other items of damage, including thefts, had occurred. [7] QC said that: - cl 3 of the policy stated that...

10. Mayfair Street Units v Spargo [pdf, 323 KB]

    Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-101-15 and 18 BETWEEN DAVID ALFRED FRANKLIN and DIANE HOLROYD FRANKLIN – Claimants in TRI 2009- 101-15 AND NGAIRE ANN SHERWIN and HTT 2003 LIMITED AS TRUSTEES OF THE KEREOPA WHANAU TRUST– Claimants in TRI 2009-101-18 – known as MAYFAIR STREET UNITS Claimants AND LYNN and MERLYN SPARGO First Respondents AND NORFOLK HOMES LIMITED Second Respondent AND LINDSAY MACK Third Respondent AND GIANNE MARCHE