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  1. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

    ...stay of execution AND IN THE MATER of an application for security for costs BETWEEN TKR PROPERTIES T/A TOP PUB & ROUTE 26 BAR AND GRILL Plaintiff AND KERRY MACDONALD Defendant Hearing: On the papers filed 5 January and 13 February 2018; 10 and 24 November 2017 and 12 February 2018 Appearances: R Mead, agent for plaintiff A Kersjes, advocate for defendant Judgment: 1 March 2018 INTERLOCUTORY JUDGMENT OF JUDGE J...

  2. Graham - Parish of Komakorau Lot 240B2 (2016) 124 Waikato Maniapoto MB 188 (124 WMN 188) [pdf, 183 KB]

    ...conditions were to be complied with by 30 June 2016, with the applicants to file a memorandum by 4.00pm, 8 July 2016 addressing the issue of compliance. I also indicated that I intended to carry out a final site inspection after the memorandum was filed. 3 [5] On 8 July 2016 an affidavit was filed by one of the applicants, Mānia Ōrīwia Hope addressing the conditions I had imposed. On the same day the Court received an e-mail from Gudrun Jones, counsel for Waikato District Coun...

  3. [2020] NZREADT 50 - Yang v The Real Estate Agents Authority (13 October 2020) [pdf, 355 KB]

    ...the Certificate of Title. The Committee did not accept that the licensee was required to provide prospective purchasers with a Council property file for every transaction – at least in the absence of any “red flags”. [11] The appellant filed an appeal against the conclusions of the Committee. They now seek leave to produce at the hearing of the appeal new evidence that was not before the Committee. The documents sought to be produced are communications between the appel...

  4. LCRO 106/2016 CA v BF (15 May 2017) [pdf, 92 KB]

    ...which he agreed to accept Mr CA’s instructions. [3] Mr BF provided Mr CA with copies of various emails, and followed up an authority to uplift the files from his former lawyer on or about 11 August 2015.3 Mr CA’s grievance had already been filed in the Employment Relations Authority (ERA) before Mr BF was instructed. Statements of problem had been prepared and filed, the employer’s evidence had been filed, and a timetable set for filing Mr CA’s evidence. [4] Mr CA is criti...

  5. 2020 NZEnvC 143 Envrionmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 7.2 MB]

    ...Introduction [1] The proceeding to which this application relates concerns an application for declarations in relation to the movement and storage of dross by-products from the Tiwai smelter site in Bluff to several sites in Mataura. The declaration filed by Environmental Defence Society Incorporated would requi re New Zealand Aluminium Smelters Limited to remove the ouvea premix from the Mataura site on a priority basis. EDS v NZAS - DECISION ON ACCESS TO RECORDS 2 [2] Laura...

  6. Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50 [pdf, 236 KB]

    ...decision is to be cited as Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 50 2 [1] These proceedings for a breach of the Human Rights Act 1993 (HRA) were filed by Zelinda Doria on 21 March 2018. The defendants were Ms Doria’s employers. The proceedings concern their alleged treatment of Ms Doria by reason of her pregnancy. By application filed on 25 May 2018, the defendants applied to hav...

  7. [2020] NZEmpC 79 Kim v Smile Devon Ltd [pdf, 226 KB]

    ...for example Borsboom v Preet PVT Ltd [2016] NZEmpC 168 at [25]; and A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [2019] NZEmpC 188 at [5]. Discussion Good arguable case [9] Ms Kim has filed an affidavit in support of her without notice application. It contains various assertions as to fact. The Court has not, of course, heard from SDL. My consideration of factual matters is necessarily provisional. I also rely on the fact t...

  8. KC v UD [2021] NZDT 1556 (8 September 2021) [pdf, 158 KB]

    ...from the Tribunal that he was not liable to repay the $3,000 to UD. 7. On or about 3 September 2021 UD lodged a counter-claim seeking a refund of the $3,000 KC waived his right to 10 working days notice of the claim. It is not conclusive from the file as to whether UD has paid the filing fee. Irrespective of whether or not UD has paid the filing fee, this claim can be dealt with on KC’s claim alone. Issues 8. The issues for the Tribunal to determine are: (a) Whether the cont...

  9. MX v BO & KO [2021] NZDT 1630 (13 July 2021) [pdf, 141 KB]

    ...view from MX’s property. 10. In addition, MX claims $1,100 to remove existing tree roots, $400 for a skip bin to remove existing tree roots, $400 to remove the trees, $1,200 to hire 3 skip bins to remove the trees, and $180 for the Tribunal filing fee. Issues 11. The issues for the Tribunal to determine are: (a) Whether the Tribunal has jurisdiction to make an Order for the removal of the trees; (b) Whether roots have grown through from the O’s property and caused damage;...

  10. BK & DU Ltd & WL v UX Ltd [2021] NZDT 1663 (8 July 2021) [pdf, 220 KB]

    ...is unable to award a non- contractual claim for costs. 16. As of 29 October 2019, pursuant to s36 of the Tribunals Powers and Procedures Legislation Act 2018, consequential losses cannot be claimed in the Disputes Tribunal. As this claim was filed on 29 January 2021 even if it was successful any award for consequential losses is unable to be made. Referee C A Green Date: 8 July 2021 Page 4 of 4 Information for Parties Rehearings You can apply for a re...