Search Results

1. [2012] NZEmpC 200 Doran v Crest Commercial Cleaning Ltd [pdf, 93 KB]

   ...Judge A A Couch Judge A D Ford Judgment: 29 November 2012 COSTS JUDGMENT OF THE FULL COURT [1] We concluded our substantive judgment 1 by encouraging counsel to agree costs if possible. That did not occur and memoranda have now been filed. [2] This case raises four issues of note regarding costs: (a) The matter was removed into the Court by the Employment Relations Authority and no order for costs was made by the Authority. This raises the question how costs incurr...

2. MacDonald v MacDonald - Wairau Blk.XII Sec. 6C 2C (2014) 27 Te Waipounamu MB 68 (27 TWP 68) [pdf, 141 KB]

   ...Blenheim. The block is 9.1852 ha and has joint owners each owning 11.35 shares of a total 22.70 shares. The owners are brothers Phillip and Brigham MacDonald. There is currently no ahu whenua trust over this block. Background [2] Phillip MacDonald filed this application for partition under section 289 on 28 January 2013. He seeks a partition of the block into two parcels on the grounds that: “I would like a partition of the land because my brother Brigham and I have fallen out ove...

3. [2014] NZEmpC 196 Nelson v Katavich & Anor [pdf, 116 KB]

   ...post-termination of employment by Ms Nelson. The plaintiff’s application [6] Thereafter the plaintiff issued proceedings seeking a compliance order requiring the defendants to comply with the order set out above. [7] According to the affidavit evidence filed in support, some documents had been disclosed since the making of the Court’s orders. But the plaintiff contended that proper disclosure of documents in categories 4, 5 and 6 had not been provided. For its part, the d...

4. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...[37] Non-publication orders have been made as sought, either until further order of the Court or on a permanent basis as indicated above. [38] Finally, I have made an order that the Registrar is not to permit access to information on the Court file to any person other than a party or authorised representative of a party, without leave of a Judge. B A Corkill Judge Judgment signed at 4.30 pm on 5 February 2015 17 See A...

5. Riley & Arnoux v REAA & Carpenter & Quin [2013] NZREADT 38 [pdf, 45 KB]

   ...with “not that I’m aware of”. This does not appear to be in dispute. Glenn Carpenter states that the appellants did not ask him about any possible subdivision. [7] Bernice Quin states that she provided the appellants with a Local Council file and a LIM report for the property and that the appellants were told that the licensees were not aware of any plans to subdivide but that it was worth checking with the Council if they were concerned. [8] Mr Greenwood stated to the Committ...

6. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

   ...you are a fit and proper person to hold a licence.” [2] Mr McDonald for Mr G takes issue with this conclusion by the Real Estate Agents Authority. He urges the Tribunal to find that Mr G is a fit and proper person to have a licence. He has filed 12 affidavits in support of Mr G including one from Mr G and his current employer Mr D. Evidence was given at the hearing from Mr G and Mr D. Mr D is the owner and manager of X Realty, trading as XXX. Other relevant affidavit evidence wa...

7. Auckland Standards Committee v Ram [2014] NZLCDT 76 [pdf, 103 KB]

   ...complained to the Law Society. [5] That complaint led to the current charges which are in essence: 1. Misappropriation of client funds; 2. Practising contrary to his practising certificate; and 3. Failing to respond to a s 147 notice to produce files and other records to the Standards Committee. 1 David John Osborn, affidavit dated 30 May 2014. 3 [6] It is thought that Mr Ram is currently overseas. After refusing a last min...

8. Auckland Standards Committee 4 of the New Zealand Law Society v Thoman [2011] NZLCDT 8 [pdf, 136 KB]

   ...Intervention 2.23 The Society intervened in the practitioner’s practice in September 2009. Mr Mark Manhire, a practitioner who had himself raised concerns in relation to the practitioner [refer p 143 – Exhibit H2] went through the boxes of files that were delivered to the Society by the practitioner. None of the complainants’ files or personal documents/passports were located. 3. CONCLUSION 3.1 It is clear from a review of the facts giving rise to these charges that the...

9. Jain v CAC 20007 & Martin [2014] NZREADT 51 [pdf, 55 KB]

   ...against the penalty decision for himself and in respect of his employer Link Business Broking Limited. The appeal is only against the decision to name Mr Jain. [5] Mr Jain sought an interim order. This was granted. For that application Mr Jain filed an affidavit, which sets out the information which he says the Tribunal should consider when considering whether or not the appeal should succeed. [6] In this affidavit he says: (i) To the best of his recollection he only discussed the...

10. Henaghan & Anor v CAC 20002 & Anor [2014] NZREADT 21 [pdf, 100 KB]

    ...reputation of the licensee. [20] Ms MacGibbon also emphasises that, in the absence of other grounds, the effect of an application such as the present one, could be regarded as that name suppression should apply automatically whenever an appeal to us is filed. Ms MacGibbon submits there is no justification for such a de facto rule and, apart from incentivising appeals, this is contrary to general principles of open justice which we apply. [21] Ms MacGibbon also submits that the pre...