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1. McKinney v Cassidy [pdf, 259 KB]

   ...break on 16 May. 1.10 Later in the hearing I asked Mr Maiden and Mr Smith (being the two experts who gave evidence on quantum) to have a meeting to see what parts of the claimed remedial costs were not agreed. This resulted in the claimants filing a slightly revised schedule of claimed costs and the need for Mr Maiden to try and obtain more detail on some items from the remedial builder. Mr Maiden agreed to provide a written explanation regarding these items by the following Mo...

2. [2024] NZEnvC 194 Connor [pdf, 1.4 MB]

   ...attached in draft form at “A”. The conditions may be amended by the Applicant, with the final form to be approved by the Court. The Court has made further comments and directions on conditions within this decision. Such amended conditions shall be filed with the Court for approval and circulated to the parties within 20 working days. B: The Court does not encourage any application for costs. If parties are to seek costs, submissions are to address the legal framework and case la...

3. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...the High Court …, where they lost the case and the funds had to be released to [the other party] and I lost $500,000. This caused the end of the relationship [2018] with [the applicant], Mr LM and [the firm]. [15] The complainant uplifted her files from the firm in July 2020. I have no information as to when Mr LM ceased to be a trustee of Trust A. [16] The complainant and the Partner subsequently separated. [17] The financial contributions of Trust A and Trust B (and/or the com...

4. [2010] NZEmpC 43 Eden v Rutherford & Bond Toyota Ltd [pdf, 25 KB]

   ...[2010] NZEMPC 43 WRC 40/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BRIAN EDEN Plaintiff AND RUTHERFORD & BOND TOYOTA LIMITED Defendant Hearing: By memoranda of submissions filed on 13 and 29 March and 7 April 2010 Judgment: 21 April 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This judgment deals with a challenge to a determination of the Employment Relations Authority allowing Rutherford & Bon...

5. [2010] NZEmpC 50 Assured Financial Peace Ltd & Prosper With Us Ltd v Pais [pdf, 29 KB]

   ...from the plaintiffs and also borrowed money from them as a customer or client. When the parties fell out, Mr Pais claimed that he was owed remuneration and issued proceedings in the Employment Relations Authority to recover this. The plaintiffs filed a statement in reply and the Authority directed the parties to mediation. [8] Pursuant to s 149(3)(b) of the Act, the terms of the mediated settlement may be considered by the Court in this proceeding that is for their enforcement. N...

6. [2012] NZEmpC 184 Vine-Tech Contracting Ltd v Wattam & Inger [pdf, 72 KB]

   ...conclusions reached by the Employment Relations Authority and granted much the same remedies. I encouraged counsel to agree costs but set a timetable for the provision of memoranda if they could not do so. They were unable to agree and memoranda were filed. [2] The plaintiff must be regarded as unsuccessful in its challenges. Although I did reduce the order for reimbursement of lost wages to Mr Wattam by $1,500 to take account of his earnings after dismissal, I awarded interest o...

7. [2008] NZEmpC WC 16/08 Wesley Community Action Trust v Dickson and anor [pdf, 25 KB]

   ...proceedings to this Court for hearing at first instance. [2] At about 5.30 pm yesterday the plaintiff, Wesley Community Action Trust (“the Trust”), requested the Court to consider urgently this issue on the basis of copies of proceedings filed with the Authority, exchanges of correspondence between the parties, and a covering letter to the Court. Mr Cullen, counsel for the plaintiff, apprehended that the Authority had directed that its substantive investigation into...

8. Nottingham and Ors v CAC10057 & Anor [2015] NZREADT 78 [pdf, 205 KB]

   ...the recusal applications presently before us. He simply expresses the wish of Mr Honey to proceed with the reconvening of this substantive case as arranged for 23 December 2015. Submissions for the Authority [6] Mr Hodge has very helpfully filed thoughtful submissions in response to the applications for recusal referred to above. We agree with his views on general principles applying to recusal of a judicial officer and, accordingly, quote them as follows: “2. Recusal – gene...

9. Worsnop v Lux - Honeri Raukawa Whānau Trust (2015) 117 Waiariki MB 3 (117 WAR 3) [pdf, 135 KB]

   ...117 Waiariki MB 4 Introduction [1] This application concerning the Honeri Raukawa Whānau Trust (“the Trust”) is related to the decision I issued today concerning the Te Oitahuna Raukawa Whānau Trust. This application has been filed by 6 applicants and essentially relates to the administration of this Trust by Daniel Lux and Julie Lux. 1 Background [2] This Trust was constituted on 5 August 2002 pursuant to s 214 of Te Ture Whenua Māori Act 1993 (“the Act”)....

10. Kumar v Ahuja [2015] NZIACDT 105 (21 December 2015) [pdf, 173 KB]

    ...what Mr Ahuja said and the Tribunal’s findings. The short point is Mr Ahuja blamed his client, to avoid responsibility. He effectively said his client broke into his office and took away the incomplete papers Mr Ahuja had signed, and his client filed the defective papers. He also claimed his clients took a file note from his office, so he could not produce it. Further, he claimed his client had not made a payment; until confronted with his own handwriting, acknowledging the payment. Afte...