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1. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...complaints, together with Mr BR’s and Ms OC’s responses, are comprehensively set out in the Committee’s decision of 28 May 2014, and I do not propose to summarise the complaints further here. I simply note that Mr EL in his 4 submissions filed on review, acknowledged that the Committee’s decision provided accurate account of both the background to, and the particulars of, the complaints. [28] The Standards Committee delivered its decision on 28 May 2014. Ms OC [29] Th...

2. Ratahi v Parininihi Ki Waitotara Incorporation - Section 53 Block IX Opunake SD being part Ngati Kahumate Block comprised in CT D4/240 (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 4.2 MB]

   ...status of the subject land - being corpus land ­ from Maori freehold land to General land which they intend to sell to a Mr and Mrs Roach. On 12 October 2005 I issued a judgment, both declining that application and inviting the incorporation to file a recast application, taking into account the deficiencies in the incorporation's case as noted in the decision. [2J In summary, the incorporation accepted that invitation and counsel Mr Bulfin filed a recast application on I Novemb...

3. AB v CD LCRO 228/2014 (27 October 2016) [pdf, 343 KB]

   ...would be allocated, and that no further correspondence would be accepted. [53] Running parallel with the fee complaint was the Committee inquiry into complaint that Mr AB had failed to provide Ms CD with a letter of engagement, failed to provide files, and failed to deposit funds received to his trust account. [54] As part of that inquiry, the Committee had, in September 2013, appointed an Investigator with brief to investigate the payment of $50,000 made to Mr AB, the client info...

4. [2012] NZEmpC 98 Kelleher v Wiri Pacific Ltd [pdf, 72 KB]

   ...MATTER OF de novo challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN TIARE KELLEHER Plaintiff AND WIRI PACIFIC LIMITED Defendant Hearing: Submissions filed on 5 April, 7 May and 8 May 2012 Appearances: Mark Ryan, counsel for plaintiff John Ropati, counsel for defendant Judgment: 26 June 2012 COSTS JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The plaintiff pursued an unsuccessf...

5. JA & JA Bradley Family Trust v Auckland City Council [2010] NZWHT Auckland 37 [pdf, 63 KB]

   ...lacked substantial merit. In determining this application I have considered the submissions for Sky in the memorandum dated 12 October 2010 and the reply submissions dated 10 November 2010 and the memorandum in opposition dated 5 November 2010 filed for the claimants. JURISDICTION [2] The Tribunal has jurisdiction under section 91(1) of the Weathertight Homes Resolution Services Act 2006 (the Act) to make an award of costs. 91 Costs of adjudication proceedings...

6. Goold [2011] NZWHT Auckland 42 [pdf, 90 KB]

   ...CLAIM NO. 6589: JOHN AND LYNN GOOLD – 1 KELVIN CRESCENT, TE ATATU PENINSULA ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] John and Lynn Goold are the owners of a leaky home. They filed a claim with the Department of Building and Housing on 15 March 2011. Both the assessor and the chief executive concluded that the claim was not an eligible claim because the house was built by 14 March 2001 which was more than ten y...

7. 2018 NZSSAA 008 (5 February 2018) [pdf, 100 KB]

   ...Community Law provides free legal services which it allocates on the basis of the vulnerability of the client and public interest considerations. Although it does not invoice for its services, Community Law keeps a record of the time spent on client files. [7] For the appellant, Ms Boele filed a full record of all time spent on the file and a calculation of time spent at each stage of the proceedings. She separately itemised the time spent in relation to the two appeals and she h...

8. [2018] NZEmpC 146 Lorigan v Infinity Automotive Ltd [pdf, 272 KB]

   ...compliance order.1 In the course of that judgment I dismissed what in my view amounted to an application by Infinity Automotive Ltd (Infinity) that Mr Lorigan should be regarded as having breached an unless order by filing an application for leave to file supplementary evidence, and that his two challenges should be dismissed. 1 Lorigan v Infinity Automotive Ltd (No 5) [2018] NZEmpC 143. [2] Infinity immediately filed an...

9. Beauchamp v B & T Co (2011) Ltd (Costs) [2022] NZHRRT 30 [pdf, 105 KB]

   ...order, the Tribunal ordered the defendants to pay damages of $25,000 for humiliation, loss of dignity and injury to the feelings of Ms Beauchamp together with $1,713.98 for pecuniary loss. [2] The Tribunal reserved costs and set a timetable for the filing of submissions. [3] In compliance with that timetable Ms Beauchamp filed submissions seeking $17,000 costs. The defendants’ submissions on costs were due on 31 March 2022 but none were filed. The solicitor on the record for the def...

10. CW Ltd v KI [2020] NZDT 1359 (21 October 2020) [pdf, 194 KB]

    ...were printed and supplied in accordance with the contract because they were consistent with the quotation in terms of number of pages and, significantly, they were printed as per the final proof which KI had approved. 9. KI supplied two different files to QQ, one she called the ‘draft cover’ (on 4 December 2019) and one she called the ‘final draft for the book interior’ (on 5 December 2019) in emails to QQ. Those two files combined contain 29 printed pages and 3 blank pages whi...