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...or Mr RB. 4 Deliu v Hong [2012] NZHC 158 at [41]. 5 OP Lawyers letter of engagement (29 July 2011) at [25]. 6 Above n 1 at [58]. 5 [24] Mr ND was the person who had the carriage of the file notwithstanding overall supervision by Mr RB. More importantly, there has been no evidence adduced by the firm that it was Mr RB who made the assessment of fees and/or was responsible for the misunderstanding. All of the evidence provid...
...directly to Mr Napier’s supervisor. The personal assistant will deal with all Mr Napier’s ingoing and outgoing communications, and send out any marketing invoices for payment of marketing campaigns. [iv] All of Mr Napier’s listings and files will be audited, over and above the Agency’s standard reviews, by Mr Napier’s supervisor or one of the other senior licensed agents on a random but frequent basis (intended to be at least twice during the currency of the listing and...
...Court;1 and (c) an application advanced by The Fletcher Construction Co Ltd (Fletcher Construction/the respondent) to strike out the application for special leave on the basis that the Court has no jurisdiction to deal with it. [2] Both parties filed affidavits setting out the relevant background. While the evidence has not been tested at this early stage, it provides a useful context for consideration of the applications. [3] Mr Johnston was employed by Fletcher Construction...
...Murray Lawes, Lawes Law Barristers and Solicitors, PO Box 220, Orewa, Auckland 0946 murray@laweslaw.co.nz mailto:emma@mccarthylaw.co.nz mailto:murray@laweslaw.co.nz 2016 Chief Judge’s MB 224 Introduction [1] This application filed by Betty Yates, pursuant to s 45 of Te Ture Whenua Māori Act 1993 (the Act), seeks to cancel whānau trust orders dated 21 January 2013 at 55 Taitokerau MB 187-191, relating to 148 Mangawhai Heads Road - Lot 1 Deposited Plan 149622 (the...
...committee of management are Tamati Reedy, who is the chairperson, Henrietta Owen, Wikitoria Wright, Grant Haig, Anne Reedy, Timoti Maru and William Thompson. [6] These proceedings began as an application for the appointment of an examining officer filed on 30 September 2004. At a judicial conference on 6 December 2004 before Her Honour Judge C L Wickliffe - as she then was - various procedural matters were canvassed, 160 Gisborne MB 50 including the applicability of section 18(1)(d)....
...the land. 1 Mr Sharp, for the respondent, raised an issue as to jurisdiction, namely whether this Court has the power to make the orders as sought per s 237 of Te Ture Whenua Māori Act 1993. [4] On 13 April 2016 I directed the applicant to file further submissions addressing the issue of jurisdiction issue within three weeks of receipt of the direction following which the respondent would have three weeks to file further submissions in reply. 2 Those submissions have now been...
...compensation payable under their policy of insurance with KZ. [4] The RPs identified a lengthy history of alleged failings by KZ and its staff as explanation for why their insurance claim had not been able to be settled. 2 [5] Proceedings were filed in the Court. As the trial was approaching, Mrs RP placed a post on Facebook. Her posting sought information about a named KZ employee. In making this request, Mrs RP made accusation that this particular KZ employee (Ms X) had...
...trust order. [9] On 19 February 2019, I made an order to reduce the number of trustees on the basis that all the incumbents were deceased except for Piwike Heke.6 [10] Applications to appoint the de facto trustees and vary the trust order were filed on 22 February 2019. On 19 March 2019, I directed the trustees to file information with the Court including a copy of the recent SGM and AGM minutes, an information booklet provided at the 2018 SGM and financial statements. That inform...
...subcontracted her responsibilities as a licensed adviser to IPS/BNAC. She had relied on this unlicensed agency in the Philippines to provide immigration advice to her clients. Nor did she have signed contracts in place. [45] Following a request for her files from the Authority, Ms Penty sent the files on 4 July 2018. She advised in her letter that IPS/BNAC provided clerical and administrative help. Unfortunately, she had no control over whether the clients responded to her commu...
...settlement concerning an employment relationship problem, which contained confidentiality and non-disparagement provisons. It was counter-signed by a mediator under s 149 of the Employment Relations Act 2000 (the Act). [2] Subsequently, ABC filed a statement of problem in the Employment Relations Authority which challenged the validity of the agreement and sought removal of the terms as to confidentiality and non-disparagement. Soon after the pleadings were filed, the Au...