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1. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...June 2014. Meanwhile they now apply for interim non-publication orders. 2 Background [2] Michael and Sue Baker (the complainants) retained the licensees to sell their property at 8 Ventnor Road, Remuera, Auckland. They subsequently filed a complaint alleging the following: [a] First, that the licensees failed to disclose to the purchasers of the property that three freestanding BoConcept wardrobes in the house were not included in the sale. We note that the wardrobes we...

2. APB Ltd v VW LCRO 133 / 2010 (3 August 2011) [pdf, 126 KB]

   ...a payment from that fund to the developer without reference to the Applicant and therefore in contravention of the provisions of the Deed. In making this payment the Practitioner was acting on the instruction of his client. [9] The Applicant filed proceedings in the District Court against the developer. The action was successful, and led to the developer being ordered by the Court to refund to the law firm‟s trust account the money that had been paid out. A subsequent appeal...

3. Newbury v Windsor LCRO 58 / 2009 (20 July 2009) [pdf, 28 KB]

   ...attended on Mr Newbury’s offices. Mr Newbury expressed dissatisfaction with the work of Mr Windsor. At that time Mr Windsor undertook further work on the W matter at Mr Newbury’s offices. After this some further work was undertaken on the X file in respect of an application for further and better discovery which was provided by email on 8 May. Mr Newbury responded to that email on the same day by expressing dissatisfaction with the quality of the work undertaken by Mr Windsor. M...

4. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...had been divulged at the removal hearing it is likely that they would have been removed at that time. [41] The third and fourth respondents sought an indemnity without any specific basis for the claim. 11 [42] The third respondent filed no evidence at all. [43] The fourth respondent made no mention of design in his evidence. [44] The first and second respondents oppose the application on a number of grounds, the first being that no evidence has been filed in suppo...

5. Larkins v Kaitaia - Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) [pdf, 109 KB]

   ...Ngārara West B3B. In that case the trust had, over time, become dormant and consequently redundant to the extent that core aspects of the trust order had been ignored including elementary accountability and the failure to hold meetings, to provide and file annual accounts and to consult with the beneficiaries. [27] Three important considerations emerge from these decisions: (a) A change of mind is usually insufficient as a ground for termination unless there is an absence of...

6. Te Whata v Paku - Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55) [pdf, 133 KB]

   ...Trust to provide a report on the administration of the Trust and an accounting of rental received and payments made for and on behalf of the Trust. The application was set down for hearing on 19 February 2010 and the Court directed the trustees to file a report addressing the issues raised in Mr Kershaw’s letter of 14 June 2007 and other aspects of the Trust’s activities and financial position. The trustees or their 2011 Maori Appellate Court MB 57 representative were als...

7. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 32 KB]

   ...initially declined this application as it was out of time and, if granted, would mean that the timetable set for the claim would have to be abandoned. However the claimants, in an email dated 27 November 2007, subsequently consented to the late filing of this application. The claimants supported the application to join B.W. Agencies Limited and Brent Worthington but opposed the application to re-join Mr Cox and Mr Ferris. In Procedural Order No 7 dated 30 November 2007 I grant...

8. Karena v Karena - Whangaruru Whakaturia 1D6B9 A, B, C, and D (2005) 102 Whangarei MB 259 (102 WH 259) [pdf, 368 KB]

   ...condition of acquisition. In this case, the acquisition of other land is the expressed intention of the applicant and I do not see any difficulty with the satisfaction of this provision. note that Mr Bell and Mr Harte in very full submissions filed for Tamaar argued that what was proposed was not an exchange in terms of the trustee's powers under the ahu whenua trust order. They relied on the decision of the then Supreme Court In re: Wiremu Ngawhare (deceased), Hopkins v Raup...

9. LCRO 68/2017 GM v BN (6 July 2017) [pdf, 219 KB]

   ...themselves. (e) Any issues that arise from such proceedings “which require a disciplinary response” concerning Mr BN’s conduct in this matter “can be considered once the Court has resolved those matters”.4 Application for review [10] Mr GM filed an application for review on 12 March 2017. The outcome sought is: (a) An order that [Firm A] honour the undertaking given by Mr BN, and (b) The return of the deposit of $20,000.00. [11] Mr GM: (a) Acknowledges that t...

10. Wai 2180 Taihape inquiry newsletter 1 June 2015 [pdf, 621 KB]

    ...material, go to https://forms.justice.govt.nz/search/WT/, select ‘2180’ from the list of Wai numbers, and type your search term into ‘Other Terms’. Leave this blank if you want to view the entire Record of Inquiry. Please note that large files are not available via the website. If you would like a copy of a large file, or if you are having trouble finding what you are after, contact one of the Taihape team members for assistance. https://forms.justice.govt.nz/search/WT/�...