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1. Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (2014) 31 Tākitimu MB 138 (31 TKT 138) [pdf, 146 KB]

   ...239 of the Act to reduce the number of trustees on account of the passing of Mrs Campbell and Messrs Sullivan and Puna. Orders were also issued directing the Registrar to convene a meeting of owners. The remaining trustees were also directed to file annual accounts for the previous five years and were put on formal notice that failure to comply could result in the Court using any of its powers as set out in part 12 of the Act. [7] A further hearing was held on 1 August 2013. 4 M...

2. [2015] NZEmpC 46 Rutherford Street Kindergarten v Chilton [pdf, 92 KB]

   ...therefore no jurisdiction – or need – to make any orders under s 114(3) of the Employment Relations Act 2000. [3] I reserved costs, indicating that if the parties were unable to resolve that issue, both parties would have the opportunity to file cost memoranda and evidence; these have now been received by the Court for consideration. [4] It is submitted for Ms Chilton in summary that the way the case has been conducted has resulted in a significant escalation of costs which t...

3. [2015] NZEmpC 16 NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [pdf, 96 KB]

   ...between the parties. The dispute arose following the increase in the minimum entitlement to annual holidays from three to four weeks on 1 April 2007. In my substantive decision, I found for the defendant. As costs were not agreed, memoranda were filed. [2] The principles applicable to the award of costs in this Court are well established and well known. A useful starting point is two thirds of the costs actually and reasonably incurred by the successful party. The Court may the...

4. Savage-Pickett - Section 15B3 Block VIII Tairua Survey District (2011) 30 Waikato Maniapoto MB 201 (30 WMN 201) [pdf, 75 KB]

   ...and/or develop the land. [3] The matter was heard on 15 August 2011. Ms Hall, acting for the applicant made submissions based upon the Court records and title information available from LINZ. I adjourned the matter to chambers to allow Ms Hall to file further information requested by the Court. Once that information was provided by Ms Hall, I then gave the trustees and other interested parties an opportunity to make submissions in response. Background [4] Neither the certific...

5. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

   ...provides “a licensee must not mislead a customer or client nor provide false information nor withhold information that should by law or fairness be provided to a customer or client”. The Evidence [6] The Tribunal has read all of the papers filed in this matter. Of note are the judgments of Justice Lang and Associate Judge Sargisson in High Court proceedings between the Trust (and Mr Fetherston) and the vendors. However the issues are not 3 the same as the issue in thi...

6. Graves v CAC 2003 & Langdon [2012] NZREADT 41 [pdf, 32 KB]

   ...considers that he is the incorrect party to the complaint is “wrong”, and that publication could be “injurious” to his business “for no good reason”. [13] The application is not further particularised and no evidence in support has been filed. The applicant’s stance is somewhat vague except for his point about separating him from the corporate personality of his company. Discussion [14] As indicated above, the Act requires the Registrar of the Authority to main...

7. Reid v CAC 10055 & Cottle [2011] NZREADT 10 [pdf, 89 KB]

   ...event the whole issue between Mrs Barber and Mrs Cottle had been finally dealt with by the Real Estate Institute of New Zealand and the High Court. The appellant now appeals that determination pursuant to s 111 of the Act. [12] The appellant filed written submissions in support of his appeal and at the hearing made further oral submissions. [13] For the sake of completeness only the following points of appeal from the appellant are set out in full: “CAC REFUSAL TO INVESTIG...

8. LA - Reference - Part 3A [pdf, 574 KB]

   ...purpose of assessing the applicant’s suitability to be approved as a provider of legal aid or specified legal services. This completed form will be provided to the Secretary for Justice. It will also remain with the application on the applicant’s file held by the Ministry. The Ministry may contact you in order to validate the information provided. As a referee you will need to comment on the applicant’s professional knowledge and skills as a provider of legal aid or specified legal...

9. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...unbecoming a Barrister, brought by the Auckland Standards Committee No. 1. The practitioner seeks interim suppression of his name pending determination of these charges. Arguments [2] The practitioner denies each of the charges brought and has filed evidence in support of that denial and in support of an application for stay or strike out of the proceedings which is to be heard at a later date. [3] In his evidence there is one paragraph which addresses the reasons for interim...

10. Gartrell v NZLS [2012] NZLCDT 25 [pdf, 98 KB]

    ...order will continue. [14] The application was considered by the Board of the Society and on 8 June was refused because of the dissatisfaction about supervision arrangements in the proposed employment. [15] With his application Mr Gartrell has filed a number of supporting references attesting to his good services as a lawyer in the past and to his integrity. Other than the serious faults which led to the first disciplinary action when Mr Gartrell acknowledges he let clients, who w...