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1. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...on that day and described as “notice of claim”. This is work of an administrative nature relating to Ms CN’s management of her practice, and not work which should properly have been charged to Mr RF on the basis of a continuing retainer. [101] That is not to say that Ms CN could not subsequently have sought costs of recovering outstanding fees including interest as provided by the retainer, but costs incurred in debt recovery would need to be established as a provable debt, like...

2. ENV-2016-WLG-000058 Notice of Motion [pdf, 4.8 MB]

   ...pearlproductions@paradise.net.nz 97. C Watson Consultancy Limited user.friendly.buildings@gmail.com 98. Caldwell, Elizabeth elizabeth.caldwell@wmt.org.nz 99. Cami, Charlotte cha_cami@yahoo.fr 100. Campbell, David John djcampbell@paradise.net.nz 101. Campbell, Robin robincampbell0@gmail.com 102. Campion, Laurie PO Box 38750, Wellington Mail Centre 103. Campion, Roy roy@aspectfurniture.com 104. Carnegie, Kieran kotarou@ecs.vuw.ac.nz 105. Carr-Gomm, Matthew Philip matt...

3. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...other cases might constitute relevantly similar circumstances. The question for the Court is the scope of disclosure of other instances. It is in that context that New Zealand Police Association, a discovery case, must be considered. 41 [101] I respectfully agree with and adopt the dicta of Judge Palmer cited earlier. 42 In short, actual relevance of comparative material at trial may well be a matter of fact and degree; some comparative examples may be more applicable than...

4. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...individuals, each of whom is jointly and severally liable for the actions of their fellow partners. [100] A conduct finding may only be made against an individual or a legally recognisable entity. Committee’s finding of unsatisfactory conduct [101] The Committee accepted that Mr IW had not rendered the various invoices to the body corporate. It is clear also that Mr IW only became involved in this file after Mr S had left [Law Firm A]. By that time, the weathertightness claim...

5. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

   ...no attempt to address the issue of the missed contributions for the first 14 months of her employment. [100] It was the Authority’s concerns as to how the arrears had been dealt with that became a factor in the consideration of a penalty. [101] At the hearing, Mr Smith placed emphasis on the chronology. First, he made reference to a letter of 19 July 2017 from IR to KRPL, which set out the basis on which the fact of the arrears had come to light, and then been dealt with. [102...

6. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...plaintiff’s actions may have obstructed the Authority’s investigation. I was not satisfied that the threshold was cleared to the point where it could be concluded that the Authority had become unable to investigate the claims before it.36 [101] I also concluded that even if the particular matters relied on by Ms Chinan had met the statutory threshold, I would not have been prepared to exercise my discretion to order the obtaining of a good faith report, given the existence of...

7. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...fairly with” the Joshis, and is therefore a breach of r 6.2. [83] Rule 6.3 provides that “a licensee must not engage in any conduct likely to bring the industry into disrepute”. Rule 6.3 was discussed briefly in the case Jackman v CAC 10100,6 where the Tribunal approved of a Complaints Assessment 5 Real Estate Agents Act 2008, 3(1). 6 Jackman v CAC 10100 [2011] NZREADT 31, at [65]. Committee’s discussion of r 6.3...

8. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...nature of mediation” to Mr OE. [100] In support of [ABJ]’s concern that Mr OE “was sympathetic” to [KLM], Mr ND says Mr OE did not send to [ABJ] his 28 August 2017 email to [KLM] in which Mr OE forwarded his 25 August 2017 email to [HH]. [101] In his 29 September 2017 letter to Mr OE, Mr ND said (a) early termination of the sublease was not a matter in dispute, (b) the “current disputes” between [ABJ] and [KLM] did not include “the day-to-day farming of the property”...

9. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...[2017] NZHC 1081. 17 Submissions of Hamilton City Council, dated 18 December 2020 at [15]. 18 Affidavit of Mr Falconer at [8]-[18]. 9 and continue operating within the zone in an efficient and effective manner. Policy 9.2.1(b) Restricting 11011 i11d11strial activity to those amillary to, S11ppo1ting or consistent Jllith industtial adivities. ( emphasis added) The proposed activity is consistent with industrial activities in t.he sense that it causes no conflict or interference w...

10. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

    ...503. a counter-factual assessment that acknowledges the consequences of wrongdoing, and not one that allows an employer to take advantage of wrongdoing. It was his contention that the counter-factual could not eliminate the breach. [101] The findings made with regard to whether a discrimination grievance is established and, if so, what remedies should be awarded, are not binding – or even applicable – to a claim of a different nature, such as a debt action brought und...