Search Results

1. Kelly - Mimitu Ruarei 13A (2011) 18 Taitokerau MB 45 (18 TTK 45) [pdf, 131 KB]

   ...what she was hoping to achieve and that she had previously been unsuccessful in 2005 in applying for an occupation order. On that occasion various owners including Mrs Bradley opposed the application. I adjourned the application for Mrs Kelly to file an application for partition under s 289 and to convene a meeting of owners. [5] The application for partition was filed on 23 February 2009 and first came before me on 24 August 2009. 2 Alan Wati appeared for his brother Tapihana P...

2. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

   ...current application and should be dealt with separately. The Law [11] It is trite law that an interlocutory injunction is a discretionary remedy. It protects a plaintiff from injury to legal or equitable rights resulting from delay between the filing of a claim and trial for which damages are not an adequate remedy: American Cynamid Co v Ethicon Limited. 4 Two essential questions arise. First, is there a serious question to be tried? Secondly, does the balance of convenience fa...

3. Johnston & Vining Realty Group Ltd v CAC 20002 & Reid [2013] NZREADT 82 [pdf, 37 KB]

   ...publication of the applicant’s name in relation to our substantive decision will adversely impact on their incomes. [8] The Authority opposes this application for an order restricting publication. Counsel for the second respondent did not wish to file submissions but put it that “if requested for my client’s position would support the position adopted by the REAA’s counsel”. Restriction on publication – principles [9] Proceedings before us under the Real Estate Agents...

4. [2014] NZEmpC 218 Puna Chambers Inc v Christensen interlocutory [pdf, 101 KB]

   ...1 Christensen v Montessori Foundation now known as Puna Chambers Inc [2013] NZERA Auckland 470 at [68]. 2 At [69]-[84]. [2] The plaintiff did not challenge the Authority’s determination. Rather it filed an application to set aside the determination on the basis that it had been obtained by fraudulent evidence. The Authority declined the application. 3 The plaintiff has filed a de novo challenge to that determination. [3] The parti...

5. [2014] NZEmpC 214 The Selwyn Foundation v Nayathodan [pdf, 83 KB]

   ...Nayathodan v The Selwyn Foundation [2014] NZERA Auckland 362. defendant’s separate racial harassment grievance had been raised within time, after the Authority’s substantive investigation of the proceeding. [3] At the same time as filing its challenge to the Authority’s determination, the plaintiff applied to the Court to stay further investigation of those grievances by the Authority until its challenge had been determined. [4] By a Minute issued on 26 September 2014...

6. [2015] NZEmpC 22 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 102 KB]

   ...IN THE MATTER of an application for determination of a preliminary question of law BETWEEN SHABEENA SHAREEN NISHA (NISHA ALIM) Plaintiff AND LSG SKY CHEFS NEW ZEALAND LIMITED Defendant Hearing: By memoranda filed on 12 and 24 December 2014 and 2, 16 and 23 February 2015 Appearances: AF Drake and B Nicholson, counsel for plaintiff J Douglas, counsel for defendant Judgment: 25 February 2015 INTERLOCUTORY JUDGMENT (NO...

7. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...July 2006, causing damage to native plants in an area of approximately 150 metres by 30 metres. On the day in question, ZYL spoke to MB, a tenant in a house on ABS Ltd’s property. The cows were subsequently removed by ZYL. [2] ABS Ltd filed its claim in the Disputes Tribunal on 29 June 2012. At the hearings, ABS Ltd presented evidence concerning (amongst other things) the condition of the fence around the time of the trespass, and the cost of purchasing and planting replacem...

8. Walters - East Taupo Lands Trust (2011) 272 Aotea MB 241 (272 AOT 241) [pdf, 118 KB]

   ...trust and one of its own trustees. That issue is considered further in this decision. [13] It is evident that the trust needs to review its expenditure in an administrative context and look for savings where it can. The trustees are directed to file a report within 6 months on how such savings are to be achieved. Approval of additional payments [14] This is not an application for a general increase in the fees for all trustees. Instead, it is an application for approval of paym...

9. Brownlie v Brown - Pipituangi A (2011) 15 Tairawhiti MB 134 (15 TRW 134) [pdf, 126 KB]

   ...substance in the arguments, the unsuccessful party‟s lack of realism, the degree of success achieved by the respondents, and the time required for effective preparations. Discussion [8] After my decision dated 2 July 2010, I directed the parties to file submissions on costs. Both parties filed submissions. Trustees’ Submissions [9] The trustees submitted that the proceedings would not have been so protracted were it not for the Brownlies‟ actions, and pointed to the fact...

10. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

    ...mandate. Crown counsel contends that, in the absence of the Crown’s agreement to be bound the application cannot serve any useful purpose. [3] On 20 February 2013, following a teleconference with the parties, I issued directions outlining the filing of further submissions in relation to the applicability of Pue v Nga Hapū o Ngā Ruahine Iwi Inc1 to this application.2 In that direction I noted that following receipt of further submissions, I would then consider what further steps...