Search Results

1. DI v P Ltd & Ors [2024] NZDT 793 (26 September 2024) [pdf, 191 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

2. MH & YH as Trustees of MH Family Trust v W Ltd & OK [2024] NZDT 509 (7 May 2024) [pdf, 153 KB]

   ...$29,884.93 which includes rent arrears, rates arrears, roof repairs, time spent on the roofing dispute, a water bill, bank interest, general compensation for issuing of a trespass notice, general compensation for breach of the lease, and the Tribunal filing fee. It was discussed over the course of multiple hearings that the Tribunal does not order compensation in the form of ‘fines’ for breaches of contract and so there was no basis to consider general compensation in relation to th...

3. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...compliance order AND IN THE MATTER OF an application to strike out proceedings and other orders BETWEEN JON WOUD Plaintiff AND DEPARTMENT OF CORRECTIONS Defendant Hearing: 5 February 2007 (Heard at Auckland) Defendant's memorandum filed on 23 Februaary 2007 Plaintiff's memorandum in reply filed on 2 March 2007 Defendant's memorandum in reply filed on 12 March 2007 Appearances: Richard Harrison, Counsel for Plaintiff Roanna Chan, Counsel for Defendant...

4. [2012] NZEmpC 112 Idea Services Ltd v Barker [pdf, 143 KB]

   ...Service Manager, Linda Hudson has been treating both our clients in a way which can only best be described as bullying and harassment. [6] ISL, now in statutory management, did not take up the offer of a meeting. A grievance was subsequently filed with the Employment Relations Authority. [7] Mr McBride, on behalf of ISL, took issue with the plaintiff’s reliance on the without prejudice letter of 16 November 2010. He advised the Court at hearing that Ms Robinson (the Authorit...

5. Cooper-Nathan - Motatau 5A2A2 (2011) 22 Taitokerau MB 177 (22 TTK 177) [pdf, 107 KB]

   ...completing a further search confirming that the land was indeed Māori freehold land owned by Tari Kopa. 22 Taitokerau MB 178 [3] At the time of making the succession orders I was not aware that in September 2008 Trixie Cooper-Nathan had also filed an application under s 133 of the 1993 Act to change the status of Motatau 5A2A2 from General land to Māori freehold land. The assumption that the land was General land was incorrect. Nevertheless, the application was processed and a...

6. Legal aid fee schedules excluding CMM [pdf, 392 KB]

   ...Fee Appeal against disclosure decision (s33(3)(b) Criminal Disclosure Act 2008) $350 For:  Taking instructions, attending the client  Receiving and reviewing disclosure  Identifying legal and factual issues  Preparing and filing notice of appeal  Preparing affidavits  Undertaking research  Liaising with Crown, prosecution  Considering Crown, prosecution submissions  Preparing submissions for hearing  Interviewing/cross examining wi...

7. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...reflected in his email to her of 1 July 2009 in which he instructs her to “have the caveat lifted immediately”. In that email he also stated “when the caveat is lifted in the next two days please write up your account. I will pick up the file, all copies of the wills and power of attorney”. In a further email of 2 July 2009 JH claimed that the continued existence of the caveat had resulted in lost sales, and that Ms Macduff was acting in the interests of his brothers rather t...

8. UW v EP LCRO 146/2011 (31 March 2015) [pdf, 77 KB]

   ...Declining jurisdiction under this section of the Act reflected the Committee’s views that the conduct complained of, if established, would not have reached the threshold for disciplinary intervention under the LPA. Application for Review [11] Mr UW filed an application to review the Committee’s decision on 1 July 2011. [12] He sought review of the decision on grounds that the Committee had erred in concluding that: (a) [Law Firm] had never acted for Mr UW in respect to his emp...

9. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...not named as beneficiaries. [3] The will came into effect when Ms T passed away in September 2014. By December 2014, although Mrs NP and her siblings had instructed a lawyer in Australia, no claims had been made against Ms T’s estate. Mr AO filed for probate and that was 2 granted by the High Court on 10 December 2014. He provided a copy of the will to Mrs NP. [4] Mrs NP objected to Mr AO’s involvement in drafting the will and taking steps as executor in the estate.

10. LCRO 178-2016 KO v RT [pdf, 262 KB]

    ...the company insofar as:6 (a) Mr KO did not hold any documents for the company, and “considered that he had already advised Mr RT”; and (b) there were “remedies available” to Mr RT under the CA. Application for review [16] Mr KO filed an application for review on 8 August 2016. In essence, he says that what he terms “an administrative error in [the firm] falls well short of a breach of rule 12”. He asks that the Committee’s decision be overturned. Mr RT’ f...