Search Results

1. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...balcony leading to structural unsoundness and cracks in the concrete which was allowing water ingress; a drain outlet bored through the balcony slab which would allow water to further damage the polystyrene bands; Harditex fixed hard onto a profiled metal flashing with no expansion gap, and sheets nailed through the profiled metal flashing; instances of the texture coating pouting as a result of there being little or no gap between the Harditex sheets; face fixed rainwat...

2. Zhang & Cao v Chen [2018] NZIACDT 11 (5 April 2018) [pdf, 202 KB]

   ...work visa and an entrepreneur residence visa. The complainant ended that contract with the adviser on 2 September 2015 when she engaged the services of another licensed immigration adviser. [6.4.2] Between October 2014 and August 2015 Ms Chen filed an application for a visitor visa for the complainant and twice attempted to secure a visitor visa for the complainant’s partner. Ms Chen did not deliver any of the other services provided in the contract for services. [6.4.3] On...

3. JR v ST LCRO 57/2015 (2 December 2016) [pdf, 248 KB]

   ...a review of a decision by the National Standards Committee to take no further action in respect of his complaint concerning the conduct of Mr ST who, like Mr JR, is a lawyer practising in Auckland. [2] The complaint concerned a costs memorandum filed by Mr ST in a High Court proceeding in which Mr JR was not in any way involved. Background [3] Mr ST had represented parties against whom third party discovery had been sought in the proceeding. [4] That application was largely u...

4. Kashimoto v Mizoguchi [2016] NZIACDT 74 (21 November 2016) [pdf, 257 KB]

   ...complaint’s procedure; [8.5] A fact sheet about making a complaint; and [8.6] An invoice for the first instalment of costs. The costs were $11,250, of which $8,050 was for Mr Mizoguchi’s fees, and $3,200 for Immigration New Zealand’s filing fee. 4 [9] The failure to notice the error regarding the agreement had contributing factors, including Mr Mizoguchi being unwell at the time. After the complainant cancelled Mr Mizoguchi’s engagement, which led to him di...

5. Ratima v Smith - Te Haroto 2B2B (2018) 70 Takitimu MB 88 (70 TKT 88) [pdf, 500 KB]

   ...documentation. [2] Following that, on 1 December 2017, I issued a direction expressing concern that trust funds appear to be unaccounted for. The former trustees were directed to seek advice and to consider whether additional applications need to be filed for relief per s 73 of the Trustee Act 1956.2 Mr Wenley was subsequently appointed to represent the former trustees. [3] A practical issue that has arisen for Mr Rātima is that he says the trust’s bank refuses to recognise h...

6. [2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc [pdf, 242 KB]

   ...[4] In addition to the challenge, Ms Mackenzie also applied to the Authority to reopen its investigation. In subsequent determinations the Authority dismissed that application and awarded costs against Ms Mackenzie.2 No challenges have been filed to those subsequent determinations. Factual background [5] The defendant, Huntington’s Disease Association Auckland Inc (HDA) is one of two such associations in New Zealand. It is a registered charitable trust. The association...

7. Establishment of Canterbury Earthquakes Insurance Tribunal [pdf, 257 KB]

   ...ability to actively manage claims between the Tribunal and the courts can speed up overall resolution rates, by ensuring claims are considered in the most appropriate place. 6 30 I therefore propose that eligible claims that have already been filed in the District or High Court will be able to be transferred to the Tribunal, on agreement of the parties or on the Judge’s motion, if they are considered better suited for resolution through the Tribunal.9 31 The Tribunal will also...

8. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...from Mr Tribe (second respondent) prior to the Trust placing a successful tender for the purchase of the property. [4] Not long after purchasing the house (within two months) Mrs Brockie noticed leaking. Subsequently an application was filed on 5 December 2007 with an assessor’s report issued on 28 February 2008. 1.2 Parties [5] The Parties are as follows: (a) Patricia Anne Brockie and Kendons Trustees Limited as trustees of The Brockie Trust are the claimants...

9. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...aerial distribution of 1080 over the block. It is relevant to these proceedings to briefly traverse the circumstances and outcome of two applications in particular that have previously been dealt with by the Court. [5] On 6 September 2004, Mr Baker filed an application for an injunction against the trustees of Tataraakina C Trust to prevent a planned 1080 aerial operation from taking place, as the plan for the drop included an area of cultural significance. I presided on the matter...

10. [2020] NZEmpC 110 Cowan v Kidd [pdf, 327 KB]

    ...BETWEEN GEORGE COWAN Plaintiff AND CHARLES KIDD IN PARTNERSHIP WITH GEOFFREY KIDD, TRADING AS KIDD PARTNERSHIP Defendant Hearing: 25-29 March and 25-27 November 2019 (Heard at Invercargill) Further documents filed on 19 December 2019 and 3 February 2020 Appearances: J R Copeland and K C Macdonald, counsel for plaintiff M-J Thomas and S N McKenzie, counsel for defendant Judgment: 28 July 2020 JUDGMENT OF JUDGE J C HOLDE...