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1. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...43 Takitimu MB 220 Introduction [1] Big Hill Station (BHS) seeks costs against Awarua o Hinemanu Trust in relation to proceedings for access to landlocked land per s 326B of Te Ture Whenua Māori Act 1993. The application was originally filed in 2003 and eventually dismissed in 2013 on the basis that the proceedings could not be determined until outstanding issues concerning the administration of the trust had been resolved. In short, the trust had fallen into administrative...

2. TA v NC & Anor LCRO 207-208 / 2011 (20 December 2012) [pdf, 122 KB]

   ...had no funds to pay, and that he was relying on legal aid. [5] The second matter related to delays by the Practitioner in the progression of work. The Applicant essentially contended that there had been undue delays by the Practitioner in filing a statement of claim under the arbitration clause. He said that the time between the commencement of the retainer, and the filing of the statement of claim, being some eight months, was unreasonable, and compromised the possibility of...

3. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [pdf, 154 KB]

   ...the consultancy, which largely represents those seeking residence in Australia. [2] The client was left to deal with staff at the consultancy and had no direct contact with Ms Ho. In due course, an application with Immigration New Zealand was filed in Ms Ho’s name. [3] The Registrar of Immigration Advisers (the Registrar), the head of the Immigration Advisers Authority (the Authority), alleges that Ms Ho has breached the Immigration Advisers Licensing Act 2007 (the Act) and...

4. Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) [pdf, 319 KB]

   ...its beneficiaries. [23] In assessing the overall interests of justice, in addition to the matters relating to the balance of convenience, Ms Morrison-Shaw pointed to the following matters: (a) There has been significant delay by Te Korowai in filing the application. Some of the affidavits filed by Te Korowai were dated in May 2019, such that Te Korowai could have filed the application well before the trustee elections had even commenced. Instead, Te Korowai waited until the 11...

5. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...which refers to the defendant being approached about the possibility of attending a further mediation. The defendant declined this invitation. [8] It is not in dispute that nothing further was heard from Ms Ball by the defendant until she filed her statement of problem in the Authority on 12 February 2010. However, on 13 October 2009, Ms Ball had approached the Mediation Service of the Department of Labour to discuss some issues she had with the way in which the February 200...

6. [2014] NZEmpC 167 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 123 KB]

   ...proceedings AND IN THE MATTER of an application to challenge out of time BETWEEN ROTHESAY BAY PHYSIOTHERAPY (2000) LIMITED Plaintiff AND KATHERINE PRYCE-JONES Defendant Hearing: By memoranda of submissions filed on 14, 21 and 28 May, 18, 19 and 20 June, and 9, 18 and 21 July 2014 Appearances: P Wicks QC, counsel for plaintiff H White and A Parlane, counsel for defendant Judgment: 10 September 2014 INTERLOCUTORY JUDGME...

7. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...Reporoa 3083 R Crotty, Russell McVeagh, P O Box 8, Auckland 1140, Michael.mabbett@russellmcveagh.com mailto:Michael.mabbett@russellmcveagh.com 158 Taitokerau MB 89 Introduction [1] The trustees of the Motatau 1B5B5 Ahu Whenua Trust have filed applications concerning a forestry lease over the Motatau 1B5B5 block. These applications seek: (a) A declaration that the sale of shares in the lessee company in 2006 is an alienation requiring the consent of the owners and the appr...

8. [2021] NZEmpC 90 OSS Ltd v Arthur [pdf, 264 KB]

   ...AND IN THE MATTER of an application for stay of proceedings BETWEEN OSS LIMITED Plaintiff AND BRETT ARTHUR Defendant EMPC 30/2021 IN THE MATTER OF an application for leave to extend time to file a challenge BETWEEN BRETT ARTHUR Applicant AND OSS LIMITED Respondent Hearing: (Telephone hearing held on 7 May 2021) Appearances: T Oldfield, counsel for OSS Limited D Traylor, counsel for M...

9. [2020] NZREADT 04 - Singh - Ruling regarding release of file (20 February 2020) [pdf, 166 KB]

   ...COMPLAINTS ASSESSMENT COMMITTEE (CAC 416) AND SAGAR SINGH Defendant AND RAMJI GOVINDARAJAN Applicant On the papers Tribunal: Hon P J Andrews (Chairperson) Mr G Denley (Member) Ms C Sandelin (Member) Submissions filed by: Ms C Paterson, on behalf of the Committee Mr A J Woodhouse, on behalf of Mr Singh Ms J Badenhorst, on behalf of Mr Govindarajan Date of Ruling: 20 February 2020 ______________________________________________...

10. [2010] NZEmpC 97 Evolution E-Business Ltd v Smith [pdf, 27 KB]

    ...whether the company should give security for costs on its claims. [2] Should the plaintiff have leave to file out of time a statement of defence to the defendant’s counterclaim in these proceedings? That statement of defence should have been filed within 30 days after service on the plaintiff of the defendant’s statement of defence and counterclaim on 11 May 2010. [3] The plaintiff’s representative accepts responsibility for not filing and serving its statement of defence...