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...determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN E TŪ INCORPORATED Plaintiff AND NEW ZEALAND TRANSPORT AGENCY Defendant Hearing: (by memoranda filed on 2, 12 and 15 June 2017) Appearances: S Meikle, counsel for the plaintiff G Cain, counsel for the defendant Judgment: 26 June 2017 COSTS JUDGMENT OF JUDGE B A CORKILL The issues [1] In my judgment of 12...
...EAB referred to Mr FBC not having communicated with him for long periods, questioned Mr FBC’s competence, and said GCD had sustained losses arising from Mr FBC’s representation of him. Mr EAB wanted Mr FBC to give him materials from GCD’s file. [10] Mr FBC said he had acted in accordance with his instructions from GCD, and had suggested more than once that independent legal advice should be sought. Mr FBC provided a copy of a letter from the estate’s lawyers dated 8 June 2...
...driveway for part of the way which joins a 4 wheel drive grassed track. There is a Right of Way set out in Court Order 100 Wairoa Minute Book 376 dated 21 January 1999 which goes part of the way to the area proposed to be partitioned. The applicant has filed the application upon the grounds that a partition would provide him with his own title to the land so that he can build a home for himself and his family. The applicant proposes to partition off an area of 1558 square metres at the...
...primarily from the applicant. It is fair to say that the evidence he presented in Kaitaia on 13 June 2007did not take matters further than the evidei)ce he ,had previously presented to the Court, most of which, is comprised ,in the research he filed with the Court. The applicant did not know Hami Herepete personally and had no personal knowledge of his birth, d~ath, marital status, wljether \Ie haq :any issue or whether he had a Will. The applicant disclosed that he had brought t\le...
...While the threat of a private prosecution was unjustified and lacked an evidential foundation, I viewed it as spur of the moment nonsense which could not be taken seriously by Ms L. 3 [7] Once the complaint against Mr De’Ath had been filed by the Registrar in the Tribunal, Mr De’Ath provided a written apology to Ms M. [8] I found it to be unprofessional and disrespectful to make complaints of serious misconduct without evidence in support. Furthermore, I considered Mr D...
...should identify what his claims are for the refund of fees (apparently the whole of the fees paid), the amount of any compensation and the grounds for requiring Mr I to pay compensation. Timetable [31] The Registrar and the complainant may file submissions regarding sanctions within 10 working days of the issue of this decision. [32] Mr I’s representatives may file a reply within a further 10 working days. [33] Any party may apply to vary the timetable. Publication of the ad...
...should identify what his claims are for the refund of fees (apparently the whole of the fees paid), the amount of any compensation and the grounds for requiring Mr I to pay compensation. Timetable [31] The Registrar and the complainant may file submissions regarding sanctions within 10 working days of the issue of this decision. [32] Mr I’s representatives may file a reply within a further 10 working days. [33] Any party may apply to vary the timetable. Publication of the ad...
...named as a defendant in those proceedings. 10 [29] Mr Hooker’s former client sent to the Tribunal a voluminous record of affidavits that related to the employment matters which were settled at mediation and which appear to have been filed in respect of the civil proceedings. They were not received for the reason that the Tribunal considered them to be irrelevant to its consideration of penalty. [30] Mr Billington advised that Mr Hooker has settled the civil proceedings...
SUMMARY Case: Hearn & Ors v Parklane Investments Limited & Ors – INTERIM DECISION File No: TRI 2008-101-000045/ DBH 05356 Court: WHT Adjudicator: R Pitchforth Date of Decision: 30 April 2009 Background This is an interim determination relating to a claim filed by the trustees of the A Hearn Family Trust (the Trust). The Trust sought redress from the following parties believed to be responsible for their leaky unit: First respondent: Parklane Investments Limit...
...plans for land which its Māori freehold status could be shown to be obstructing. Furthermore, the possibility of leasing, rather than selling, the land was an option that had not been adequately explored. [4] On 2 November 2016, the applicant filed the present applcation seeking a change of status on the grounds that his circumstances had changed since the 2014 decision. 1 Skudder – Tahorakuri A No 1 Sec 8B and Lot 1 Deposited...