Search Results

1. [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [pdf, 377 KB]

   ...prisoners. She noted that JCE’s statement of defence denied any error had been made by the Authority, which, she argued, was an indication the dispute remained a live issue. [28] To reinforce its opposition to the application the department filed an affidavit of Jack Harrison, who is one of its senior managers. Mr Harrison acknowledged that the department’s proceeding would not affect JCE personally. However, Mr Harrison considered that would not be an issue for JCE because h...

2. [2019] NZREADT 45 Beatson - Ruling on Costs (26 November 2019) [pdf, 167 KB]

   ...working days to file brief submissions in response. [36] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunals’ decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. J Doogue Deputy Chairperson...

3. KG & LG v HL [2022] NZDT 11 (28 April 2022) [pdf, 119 KB]

   ...there was an agreement between himself and LG that he could cut them back to their current height. 3. LG and KG now claim $11,523.00 from HL, based on a replacement cost of $8,073.00 for the trees and bushes, as well as legal costs. 4. HL has filed a counterclaim claiming $815.00 from LG and KG. This was because HL said that part of his agreement with LG was that HL would be recompensed for his time and expenses. 5. The issues I am required to consider are: a. Was there an ag...

4. [2021] NZEnvC 170 Minister of Conservation v Northland Regional Council [pdf, 399 KB]

   ...(ENV-2019-AKL-110) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith Commissioner S K Prime Commissioner S C Myers Hearing: On the papers Last case event: Memorandum of counsel for Northland Regional Council, filed 22 October 2021 Submissions: S J Ongley and M Downing for the Minister of Conservation (the Minister) P D Anderson for Royal Forest and Bird Protection Society of New Zealand Incorporated (Forest and Bird) K R M Littlejohn...

5. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...behalf of Mr Cavanagh, Mr Judd submitted that the Tribunal has previously accepted that the scale of costs under Part 14 of the High Court Rules provides a useful reference point. He submitted that Mr Cavanagh’s application for review, involving filing an application, filing memoranda and attending at case management conference, briefing and calling four witnesses, and preparing written and oral submissions and appearing at the hearing (which lasted 1.5 days), was the equivalent of...

6. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   ...case is well-traversed in the court’s substantive decision of 28 October 2022.2 In this decision, the Council’s application was declined, with a timetable for costs directed. Application for costs [4] On 18 November 2022, the respondents filed an application for indemnity costs against the Council, seeking a total sum of $406,722.40 (excluding GST).3 1 Application for Enforcement Orders dated 14 August 2020 at [1(c)]. 2 Southland District Council v Chartres [2022] NZEnvC...

7. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...Committee:1 Mr NR acted for Mr and Mrs JM in the drafting of their wills. Both wills were signed and kept by Mr NR. Mrs JM subsequently bumped into Mr NR “a few years ago” and he told her he was moving away and that he had given all their files to UH lawyer. … Mr JM died on 18 November 2019. Mrs JM contacted Mr UH to be advised by him that he did not have any of Mr NR’s files and so did not have Mr JM’s will. Mrs JM was unable to access Mr JM’s Kiwi Saver worth $2...

8. [2022] NZEmpC 165 Halse v Employment Relations Authority [pdf, 264 KB]

   ...employee, Ms Susan Kennedy. [2] The judicial review proceeding relates to a determination of the Employment Relations Authority, dated 26 January 2022, made shortly before the parties were to attend mediation on 27 January 2022.1 The proceeding was filed on 3 February 2022. The Authority’s determination [3] Because the judicial review proceeding focuses on whether certain orders the Authority made were available in fact or in law, it is necessary to describe the determinatio...

9. [2022] NZEnvC 208 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 739 KB]

   ...Directions are made for parties to confer and propose case management GIBBSTON VINES LIMITED v QLDC 2 directions. C: Costs are reserved and a timetable set. REASONS Introduction [1] On 23 December 2021, Gibbston Vines Limited ('GVL') filed a notice of motion under s294, RMA,1 for a rehearing of the court's Interim Decision of 8 March 2021 ('Second Interim Decision').2 That decision declined Lots 2-7 of GVL's subdivision proposal. In response to...

10. Wyllie - Whatatuna 11 (2022) 110 Tairawhiti MB 64 (110 TRW 64) [pdf, 233 KB]

    ...16 March 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA TUARUA C L FOX Judgment of Deputy Chief Judge C L Fox 110 Tairawhiti MB 65 Hei tīmatanga korero Introduction [1] This application was filed pursuant to s 289 of Te Ture Whenua Māori Act 1993 (“the Act”) by Marsha Wyllie on behalf of the Rāpihana Hawaikirangi and Makuini Waioira Wyllie Whānau Trust (“the Trust”). The Trust seeks a partition order over Whatatuna 11....