Search Results

1. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...$15,000”. [100] Also, and importantly concerning this issue, Ms AB wanted a provision requiring both parties to “produce invoices (or other suitable source documentation) to substantiate all claims under the [settlement] agreement”. [101] On Monday 14 November 2016, Mr CD responded to the vendors’ counsel (by email at 8.39 am). Mr CD stated that having obtained Ms AB’s instructions “over the weekend”, there was “agreement in principle”. He stated that this was...

2. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...[Country A] and [Country B] based investors had instructed an [City 2]-based law firm (DEF) to “look for ways to recover their option money”.11 [100] He reports that after “nearly 5 years, there was no recovery success by [DEF]”.12 [101] Further, Mr KB notes that “three [nationality] attempted to claim back the money from Q Law in the High Court but the judge threw out their claim”.13 [102] Mr KB provided no citations for any decisions arising from this litigation, h...

3. OWRUG & HortNZ - EiC - I McIndoe – Geography/Hydrology (5 Feb 2021) [pdf, 257 KB]

   ...Guidelines are already able to be used (and were used) for that purpose. For completeness, I do recommend that the Guidelines, which were based on data available up until 2015, be updated to incorporate seasons up until the 2020/21 irrigation season. 101. I recognise that the introduction of minimum flows (or residual flows) on water resources could, and probably will, make water supplies less reliable for some growers. If that is the case, growers will need to adapt their use of...

4. OWRUG & HortNZ - EiC - I McIndoe - Hydrology (5 Feb 2021) [pdf, 257 KB]

   ...Guidelines are already able to be used (and were used) for that purpose. For completeness, I do recommend that the Guidelines, which were based on data available up until 2015, be updated to incorporate seasons up until the 2020/21 irrigation season. 101. I recognise that the introduction of minimum flows (or residual flows) on water resources could, and probably will, make water supplies less reliable for some growers. If that is the case, growers will need to adapt their use of...

5. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...see” on the trust account statement that the family trust had provided the shortfall funds to repay the existing bank loan. He says he “got on well” with Mr FM, and “had no concerns about [Mr FM’s] professionalism.” Payment of funds [101] As noted above, the process of authorisation of a payment from the firm’s trust account by a partner or principal of the firm serves as a useful check on whether the payment can be made, including sufficient funds, and the client’...

6. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...employment. The employment agreement with Vitamore Ltd was not signed until 22 August 2017 and she did not apply for a variation to her visa until 25 August 2017. That variation was obtained, seemingly without issue, on 4 September 2017. [101] At a very simple level, I accept that the breaches of her employment agreement and failure to pay her were the primary reason Ms Wei looked for another role and then resigned. I accept her evidence that, in the main, she enjoyed her job an...

7. AJE, CDE, and JPS as Trustees of the EE Family Trust v Vero Insurance New Zealand Ltd [2020] CEIT-2020-0009 [pdf, 348 KB]

   ...also questioned the size of the storm water line which he said might not have the capacity to manage runoff unless it was built to a sufficient gradient. Neither he nor any of the experts knew the gradient of the slope or the stormwater line. [101] At the time the photos were taken by Mr Duke in 2020 Mr E and Ms D no longer lived at the property. In consideration of the course of nature and life, video and photographic evidence taken some time after the Rainfall Event, in 2015 and 20...

8. LCRO 205/2015 R and N FAMILY TRUST v EL (27 June 2019) [pdf, 314 KB]

   ...plans for development of the site, excluded the trustees from an obligation to submit to arbitration. 14 The Law of Torts in New Zealand, Todd (ed) (online edition, Thomson Reuters) at [5.1]. 18 [101] That issue, if contested, could only be determined by a court of competent jurisdiction, following the hearing of evidence. [102] This is not to abrogate either the responsibility or obligation of this Office to address competency co...

9. BORA - Abortion Legislation Bill: Crown Law's advice [pdf, 220 KB]

   ...6 Law Commission Alternative approaches to abortion law: Ministerial briefing paper (NZLC MB4, 2018) at [3.30]. 7 Wall v Livingston [1982] 1 NZLR 734 (CA) at 737. 8 Right to Life (CA), above n 4. 9 Right to Life (HC), above n 3, at [101]–[102]. 10 Right to Life (CA), above n 4, at [64]. 11 Right to Life (SC), above n 4, at [1]. 4 5327108_2 significance of the right, due to the greater deviance from the born alive rule it is likely to entail. The right not t...

10. LCRO 1/2018 SY v LT and LN (17 December 2019) [pdf, 224 KB]

    ...involved Mr SY in his role as the lawyer acting in the administration of the estate. That work was focussed on the legal question of how to manage the partial intestacy. It was, first and foremost, a purely legal question. Framework: conclusions [101] The above analysis, admittedly brief, compels me to the conclusion that I do not agree with the Committee’s view that Mr SY’s conduct is captured by rule 7.1. [102] Ms LT and LN were not, and never could be, Mr SY’s clients in...