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1. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...not be proceeding with the sale, and withdrew Mrs ML’s authority for [Law Firm A] to deduct their fees from the deposit held in the firm’s trust account. The following day, Mrs ML forwarded to [Law Firm A] her authority to uplift her “deeds, files, records, …”. [8] On 5 May 2017 Ms QR provided to Mr BG’s firm invoices in respect of the three matters, and a statement. The statement showed that a balance of $5,606.99 was held by [Law Firm A] on Mrs ML’s behalf following de...

2. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...Mr van der Voort confirmed to Mrs Olsen that he had received authority from CHH to sign the letters to DMS employees offering them employment by DMS 2005. Mrs Olsen then placed a copy of the signed letter of offer on each employee’s file including her own. The letters said: … Further to the letter that you received on 4 November 2005 on DMS Change of Ownership, we are pleased to be able to offer you new employment DMS 2005 Limited. A new employment agreement, i...

3. [2021] NZEnvC 042 Baldock v Auckland Council Community Facilities [pdf, 1.5 MB]

   ...the nature and content of this application for an interim enforcement order, and the fact that consent orders are not generally accessible in the same way as the reasoned decisions of the Court. [12] As described in the memorandum of counsel filed in support of the draft consent order and repeated in the consent order, the amendments were summarised as follows: (a) The parties agree to the formation of a community liaison group (the CLG) to be comprised of an Independent Chairpers...

4. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

   ...2011 Mr King provided an affidavit from Mr Watson (dated 20 September 201 1) addressing this submission. In essence, Mr Watson said it was his understanding that the ground of appeal 5 (referred to in the initial "Notice of Appeal" filed with the Court of Appeal) stating that the "verdict was unreasonable and could not be supported having regard to the evidence" was the main ground of appeal, and that he did not instruct his counsel to abandon that ground...

5. [2019] NZEmpC 145 A Labour Inspector v Parihar [pdf, 368 KB]

   ...other employees were also employed, the six employees involved in the investigation were migrant workers from India. The defendants themselves are of Indian descent. [2] Two sets of proceedings were commenced in this matter. Proceedings were filed directly with the Court, seeking penalties and other remedies against the defendants pursuant to Part 9A of the Employment Relations Act 2000 (the Act) claiming the alleged breaches of minimum standards of employment were serious. Ano...

6. [2019] NZEnvC 154 NEIL Construction Limited v Auckland Council [pdf, 4.4 MB]

   ...Defence in the Auckland Unitary Plan applies to all noise generated from aircraft operations on the Airbase including noise from engine testing. B: This declaration is suspended for 20 working days from the date of issue and, if an appeal be filed against this decision within that time, such suspension shall continue pending the ultimate outcome of that appeal. C: Leave is reserved to any party to apply for further directions or orders in the meantime. D: There is no order as to...

7. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...defendant. [4] After discussion with counsel on 26 September 2019, I timetabled the filing of an amended statement of claim and of affidavits to enable an early hearing to be held on 17 October 2019. [5] Then, an amended statement of claim was filed for Mr Savage which clarified he was seeking a fine against WSL as first defendant, and a term of imprisonment against Mr Shing as second defendant. [6] It emerged that the focus of the claim for sanctions was on events which occurre...

8. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...the Committee stated Mr VJ’s letters to Mr PF, and Ms FB, were “standard legal communications about a breach of the franchise agreement” and had not been “disrespectful or discourteous” to Mr PF. Application for review [14] Mr PF filed an application for review on 23 January 2020. He repeats his request for (a) reimbursement of Mr VJ’s fees plus interest paid, and (b) an apology. (1) Committee hearing [15] Mr PF claims, in effect, the Committee did not give him a fa...

9. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

   ..._________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The appeal is declined, and the Council decision confirmed. B: Costs are reserved. Applications for costs are to be filed and served within 20 2 working days, replies within a further 15 working days and any final response from the applicants within a further 5 working days. REASONS Introduction Thi...

10. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

    ..._________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The appeal is declined, and the Council decision confirmed. B: Costs are reserved. Applications for costs are to be filed and served within 20 2 working days, replies within a further 15 working days and any final response from the applicants within a further 5 working days. REASONS Introduction Thi...