Search Results

1. [2022] NZEmpC 129 Teddy and Friends Ltd v Page [pdf, 238 KB]

   ...further instructions from his client concerning a way forward, including “the assertion of the restraint of trade mentioned in your first communication with my client”. [15] That was the final communication between the parties prior to the filing of a statement of problem. That document was dated 2 November 2020. It was sent to the Authority’s online portal on 5 November 2020, but not acknowledged as having been received by the Authority until 6 November 2020. It was not...

2. [2022] NZEnvC 020 ERP Group Limited v Canterbury Regional Council [pdf, 200 KB]

   ...as ‘Abatement Notice Two’ due to an absence of an abatement number in the information provided to the court. [2] On 27 January 2022, ERP lodged a notice of appeal against each abatement notice. Alongside their notices of appeal, they also filed applications to stay the abatement notices. The applications for stay are supported by the affidavits of Michael Corcoran and Andrew Tisch. Affidavits Affidavit of Andrew James Tisch1 [3] In response, Mr Tisch, engineer, was asked...

3. Transferring Maori Land Shares.pdf [pdf, 78 KB]

   ...MLC. For this reason, you must apply to the MLC for a vesting order if you want to transfer your shares to someone else. If you want to sell or gift your shares, and those shares form part of Māori land vested in a Māori incorporation, you must file a transfer application with the secretary of the Māori incorporation. A vesting order can be used to transfer Māori land shares: • from one person to another on the sale or gift of the shares • to the trustee(s)6 of the landowners...

4. [2023] NZEnvC 046 Save the Maitai Incorporated v Nelson City Council [pdf, 246 KB]

   ...2014. That rule relevantly provides: Issue of witness summons (1) A witness summons in form 27 to require the attendance of a witness at the trial to testify or to produce documents, or both, may be obtained by any party, at any time after filing the statement of claim. (2) A party requiring the issue of a witness summons must file a written request to obtain it. … (4) Upon receiving a written request under this rule, the Registrar must issue the summons requested....

5. Auckland Standards Committee 2 v Devoy [2024] NZLCDT 22 (1 August 2024) [pdf, 101 KB]

   ...impose in this context? Jurisdiction to recall and rescind [3] In October 20231, in unopposed proceedings, we made a finding of misconduct against Ms Devoy for failing to comply with an order of the Standards Committee requiring her to send a file to another practitioner. Subsequently, the New Zealand Law Society became aware of evidence indicating that the file had been delivered about July 2021. The discovery was unrelated to the material the Society held relating to the 2023...

6. BC v ME & PI [2024] NZDT 186 (14 March 2024) [pdf, 211 KB]

   ...oncoming vehicle. 3. BC and X Ltd lodged a claim for their losses against ME initially. After a brief initial/directions hearing, I adjourned the hearing to join PI as second respondent to that claim. 4. Once PI was notified of the claim, he filed his own claim for his repair costs against ME (as well as being second respondent to the initial claim). 5. BC/X Ltd claim $7036.00, being the losses suffered as a result of BC’s car being uneconomic to repair. 6. PI claims $9000....

7. TT v Q Ltd [2023] NZDT 460 (29 August 2023) [pdf, 160 KB]

   ...commission payments for two properties for which he did work while working as an associate for Q Ltd. There is a dispute about the interpretation of the commission schedule contained within the signed contract. TT also claims interest and the Tribunal filing fee (which is not able to be awarded). 3. The first property for which TT claims further commission is due is [Property 1]. TT was to receive a flat $2000.00 for every property sold by Ms N, whose team he was working as an assoc...

8. BN & IN v X Ltd [2021] NZDT 1616 (30 July 2021) [pdf, 144 KB]

   ...$57,177.27 14. BN then goes through the complaint process with X Ltd until they reach deadlock and the complaint is refereed to the IFSO. who undertake its own resolution process. However, BN does not accept their determination and therefore files this Application. The relevant issues are: Did X Ltd adequately disclose to BN the details of their agreement? If not, can BN cancel the contract and receive a refund of all premiums paid? Did X Ltd adequately disclose to BN the...

9. QF Ltd v O Ltd [2023] NZDT 384 (16 August 2023) [pdf, 195 KB]

   ...Christmas event that O Ltd was running. QF Ltd says that O Ltd has not paid the full agreed price and did not provide all the accommodation for the band that had been agreed. QF Ltd seeks an order that O Ltd is liable to pay it $4,206.20. 2. O Ltd has filed a counterclaim. It says the entertainment the band provided was not fit for purpose and that it had to pay partial refunds to the people who attended the function. O Ltd seeks an order that QF Ltd is liable to pay it damages of $6,80...

10. TT & WK v MF [2022] NZDT 275 (7 November 2022) [pdf, 158 KB]

    ...MF, who it appears always acted with integrity and on the basis of information he had been told by others and believed to be true. 4. DI is likely to be one of the executors of MF’s estate with her siblings. An application for probate has been filed but has not yet been granted. The claim proceeded against MF’s estate. As noted below my order is subject to probate being grated on the estate because no payments can be made from the estate until this happens. Did MF misrepresent t...