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...ZWS Ltd $625.00, comprising $920.00 for database setup, $360.00 (incl GST) for ZWS Ltd’s own time to set up the website, plus $45.00 for domain name registration, and less $700.00 already paid by ADH. [24] It was unnecessary for ZWS Ltd to file a counterclaim as the Tribunal is able to order payment to a respondent where an applicant is unable to prove its claim that it is not liable.
...December 2007 Deputy Chief Judge Isaac made various adverse findings against the Respondents, the then trustees of Poukawa 13B Trust. 1 By that decision he awarded costs against the former trustees personally and made provision for counsel to file memoranda as to quantum. [2] In a further decision dated 22 December 2009 Chief Judge Isaac ordered costs in the amount of $12,000.00 against the former trustees personally. 2 Prior to that that Judge Savage granted an application fo...
...first defendants now seek an award of costs of $4,000. The second defendant does not apply for costs. The issue before the Tribunal is whether an award of costs should be made. Background [2] Because these proceedings did not progress beyond the filing by the parties of the statement of claim and statements of reply (particulars of the statement of claim were requested and provided), the description of the circumstances of the case which follows is necessarily taken from the pleadin...
...he had emailed Milford and Dormer with information that his parents were to be the house-sitters; he maintained that position when giving evidence to the Tribunal, but, when pressed, accepted he may have been mistaken. He said in an affidavit filed with the Tribunal that he had advised Milford and Dormer of his parents’ involvement by telephone and when cross-examined about that evidence, he developed some supporting scenarios before finally accepting there had been no such te...
...he had emailed Milford and Dormer with information that his parents were to be the house-sitters; he maintained that position when giving evidence to the Tribunal, but, when pressed, accepted he may have been mistaken. He said in an affidavit filed with the Tribunal that he had advised Milford and Dormer of his parents’ involvement by telephone and when cross-examined about that evidence, he developed some supporting scenarios before finally accepting there had been no such te...
...of liability by a court. The charge against Mr McGuire was that he had pursued a claim for quantum, and that breached section 161. 18. Mr Sainsbury then proposed to have Ms Rice, an officer of the Standards Committee, confirm her evidence as filed with the Tribunal and answer any questions from Mr Lithgow QC in cross examination on behalf of Mr McGuire. Position of Mr McGuire regarding charges 19. Before Ms Rice was called, Mr Lithgow QC asked if he might present opening...
...involved in the proceedings. I agree with the Standards Committee view that the fact that a Practitioner’s name appears on Court proceedings is not significant given that the Family Court Rules 2002 require a principal in a firm to be named when filing Court documents. [23] At the review hearing the Applicant provided copies of additional correspondence that the Practitioner’s firm had sent to the lawyer acting for her and her partner, in which the Applicant is mentioned in...
...motivated by ill will towards him by either the New Zealand Law Society or by members of the Standards Committee. He made reference to other dealings that he has had with the Society. On hearing from Mr Poole in this regard and on examining the file I can find no evidence of inappropriate conduct on the part of any officers of the Law Society, the Standards Committee, or its members. I do not consider that his application can succeed on this ground. [26] Mr Poole has not established...
...Ms Hubble argued that the appellant identified and particularised several widely different instances of abuse over a period of at least 15 years through the report of the counsellor Mayan Schraders whom she saw in November 1992, immediately after filing her claim in September 1992 for compensation for mental injuries suffered from multiple instances of sexual abuse. Ms Hubble argues there was no analysis of the effects of these instances of abuse on the appellant as forming a “continuum...
...available if the LCRO considers that the review can be adequately determined in the absence of the parties. [17] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed, there are no additional issues or questions in my mind that necessitate any further submission from either party. On the basis of the information available I have concluded that the review can be adequately determined in the absence of...