Search Results

1. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

   ...breach(es) did not crystallise until Ms Wei was paid her final pay and received her final payslip on 18 July 2017 where she was not paid the amounts outstanding. On this timing, Ms Moncur’s letter of 6 September 2017 is well within time. [110] There is no doubt that from late December 2016, and then on a number of occasions afterwards, Ms Wei made her employer aware that she considered herself to be disadvantaged at law. [111] Accordingly, Ms Wei has a sustainable griev...

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

   ...conclusive evidence of further drainage work in relation to the stormwater system around the western side being completed under the contract by GE Construction. Further Mr E was not aware of any work done on the drains down the back lane. C3 [110] The parties’ geotechnical experts agreed that the garden area left of the front door provides bark and gravel to assist in infiltration and prevent surface runoff. Mr E’s evidence was that the garden slopes to the north to allow stor...

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

   ...do, I agree with the Committee that no breach of professional standards occurs as a consequence of the approach adopted by Mrs EL. 19 Was the account rendered by Mrs EL for work completed at the end of the retainer fair and reasonable? [110] A starting point for a consideration as to whether a fee charged by a lawyer is fair and reasonable is an examination of rr 9 and 9.1 of the Rules. [111] Rule 9 provides: A lawyer must not charge a client more than a fee that is fair and...

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

   ...very pleased when LE offered to assist with the creation of a family tree and contacting potential beneficiaries. Mr SY considered that this was a far better economic prospect for the estate than if he was to engage someone to undertake that. [110] Some delays with that exercise arose with LE being overseas from time to time. But Mr SY was confident that the work was being done. [111] Mr SY said that he tried to administer TY’s case “with conscience”. By that I took him t...

5. M and M v IAG New Zealand Ltd [2019] CEIT-2019-0047 [pdf, 329 KB]

   IN THE CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL CEIT-0047-2019 IN THE MATTER OF CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL ACT 2019 BETWEEN M and M Applicants AND IAG NEW ZEALAND LTD Respondent Date: 5 ,6 and 19 December 2019 Appearances: R Johnstone for Applicants I Thain and S Hudson for Respondent ___________________________________________________________________________ DECISION OF C P SOMERVILLE [Management of A

6. [2019] NZREADT 53 - Nottingham & Ors (26 November 2019) [pdf, 274 KB]

   ...faster and more effectively” so that “more tribunals will be able to strike out meritless cases”.31 31 Citing <https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb- _20181107_20181107_24> Discussion [52] The power given to the High Court under r 15.1 of the High Court Rules is in very similar terms to that given to the Tribunal in s 109A of the Act. As relevant, r 15.1 provides: 15.1 Dismissing o...

7. LCRO 123/2019 & 124/2019 MC v QK and QK v MC (3 March 2020) [pdf, 199 KB]

   ...her. [109] I draw no more from the Committee ’s brief reference to familial dynamics than to see those as a reasonable and proper recognition of the reality that this was a transaction that was inevitably shaped by family considerations. [110] Nor do I consider that the Committee’s reference to cultural factors was intended in any sense to be disrespectful (and Mr MC does not go so far as to suggest that it was) but rather was intended to simply reinforce another layer to the...

8. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw & Mason [2018] NZREADT 47 [pdf, 314 KB]

   ...the alternative, Mr Mason is charged with misconduct under s 73(b) of the Act: that his failure to make a report to the Authority constituted seriously incompetent or seriously negligent real estate agency work. [6] We record that pursuant to s 110(4) of the Act, if the Tribunal is satisfied that a licensee, although not guilty of misconduct, has engaged in unsatisfactory conduct, the Tribunal may make any of the orders that a Complaints Assessment Committee may make following a fin...

9. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...this point that as a matter of logic, it can only be Mr Ormsby’s (allegedly) unrewarded contribution that could form the basis of this claim. As he is not a party to these proceedings, this ground must fail. 173 Waikato Maniapoto MB 110 The parties’ intentions – did they agree to a joint tenancy? [49] Under this heading, Mrs Boon submits that:27 (a) Mr Tuwhangai’s evidence that he always treated his and Mrs Ormsby’s interests as a joint tenancy is inconsisten...

10. Director of Proceedings v McMillan [2020] NZHRRT 18 [pdf, 379 KB]

    ...high, and not yet engaged at all, it is at -5, when the baby is engaged in the birth canal, it is at 0, and when between 1 and 5, it is moving down the birth canal. 22 Listening to the FHR using a hand-held device. 23 Normal baseline FHR is between 110-160 bpm. 24 Endorsed by the New Zealand College of Midwives. 25 An agent used to induce contractions. Uterotonics are used to induce labour, and to reduce postpartum hemorrhage. 11 47. At 12.03 pm, the defendant recorded th...