Search Results

1. Kapiarumala v New Zealand Catholic Bishops Conference (Costs) [2018] NZHRRT 24 [pdf, 150 KB]

   ...simply to avoid the second defendant himself incurring legal expenses which were unlikely to be recovered in full once the proceedings were (inevitably) struck out. The plaintiff did not accept this offer. [7.5] The interlocutory steps leading to the filing of the strike-out applications were extensive. [7.6] The second defendant incurred actual costs of $27,869.75 and is seeking $14,000.00. [8] The submissions for the third and fourth defendants are: 4 [8.1] There was at n...

2. Wade v Rangiheuea - Whakarewarewa Lot 29 Māori Reservation (Wāhiao Meeting House) [2018] Māori Appellate Court MB 283 (2018 APPEAL 283) [pdf, 297 KB]

   ...be made. [18] At paragraph 3.7, of his written submissions, Mr Cornegé says, “In those circumstances, Ms Wade submits that it was unfair for the Court to proceed as it did. Instead, the Court should have made timetabling directions for the filing of notices of intention to appear, evidence and submissions. The Court should not have dealt with the applications summarily.” [19] Mr Cornegé submits that given these failures of process, the orders appointing the new trustees...

3. Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) [pdf, 175 KB]

   ...considered to be the amount owing to them. I also directed counsel for Mr Peters to file a memorandum no later than 4.00pm, Friday 12 February 2016 indicating whether the figure provided by the applicants was accepted or not. [4] An affidavit was filed and served by the applicants on 29 January 2016. In it Mr Te Wani deposed that Mr Peters owed the trustees the sum of $7,220.24. [5] Belatedly a memorandum of counsel was filed on behalf of Mr Peters on 9 March 2016. In it counse...

4. Baird - Taonui Ahuaturanga 2B2A1 (2021) 430 Aotea MB 61 (430 AOT 61) [pdf, 222 KB]

   ...136(d) of Te Ture Whenua Māori Act 1993; (d) the applicants/their lawyer obtain consent from the mortgagee, namely ASB Bank Ltd, and (e) the application be set down for hearing at Whanganui. [7] A further submission from the applicants was filed on 29 January 2021 stating: (a) the property was purchased by way of a mortgagee sale in November 2003; (b) the status of the land as Māori freehold land was confirmed in 2008.4 Mr and Mrs Baird were “not consulted or made aware of...

5. OP v RS LCRO 159/2015 [pdf, 89 KB]

   ...resolved conflicts between their interests by agreement. The existence of the Deed supports the view that there were conflicts, because without conflict there was no need for the parties to enter into the Deed. Although she was involved with the file, Ms RS did not identify or manage conflicting interests in accordance with the relevant rules. [11] There was also an issue regarding a proposed relationship property claim against Mr OP’s estate, and the filing of a Notice of Choic...

6. Otago Regional Council [2021] NZEnvC 20 (s 281 Application - Willowridge Developments) [pdf, 102 KB]

   ...is granted. 2 B: Pursuant to s 274(1)(d) Willowridge Developments Limited is joined as a party to this proceeding. C: Costs are reserved. REASONS Introduction [1] On 7 December 2020, Willowridge Developments Limited (Willowridge) filed a s 274 notice, which was accompanied by memoranda of counsel stating that Willowridge: (a) makes its application under s 274(1)(d); (b) is not a trade competitor for the purpose of s 308A; (c) seeks to join in relation to two proposed...

7. [2021] NZEnvC 020 Otago Regional Council [pdf, 104 KB]

   ...is granted. 2 B: Pursuant to s 274(1)(d) Willowridge Developments Limited is joined as a party to this proceeding. C: Costs are reserved. REASONS Introduction [1] On 7 December 2020, Willowridge Developments Limited (Willowridge) filed a s 274 notice, which was accompanied by memoranda of counsel stating that Willowridge: (a) makes its application under s 274(1)(d); (b) is not a trade competitor for the purpose of s 308A; (c) seeks to join in relation to two proposed...

8. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...claims for special damages that are in issue before the Court. [3] Unite applies for an order that the claims for money relief in the proceedings be struck out (other than costs), or, alternatively, an order that a compliant statement of claim be filed. [4] Understandably, Unite did not argue strongly for a strike out; the focus was on whether Restaurant Brands was required to file a further amended statement of claim, containing more details of its claim for special damages. [5...

9. DQ & FD v BS [2021] NZDT 1655 (2 November 2021) [pdf, 209 KB]

   ...room, from the date they moved out. However DQ’s room was unable to be re-let for two weeks after her moving date. FD was repaid her full bond by the other tenants, but two weeks rent was deducted from DQ’s by the other tenants. DQ and FD filed a claim for the amount of bond not refunded. 2. This is a claim for a breach of the agreement between the tenants which is alleged to have resulted in a loss of two weeks rent, that is $430.00, to the Applicants. The Respondents coun...

10. IACDT annual report 2020 [pdf, 286 KB]

    ...to the District Court. A party to a complaint can appeal a sanctions decision or a decision to cancel or suspend an adviser’s licence or a decision to reject an appeal against the Registrar’s cancellation of a licence.12 An appeal must be filed within 20 working days of notice of the Tribunal’s decision, unless further time is allowed by the District Court. A liability or substantive decision cannot be appealed, but it could be the subject of judicial review in the High Cou...