Search Results

1. [2022] NZEmpC 64 Courage v Attorney-General [pdf, 229 KB]

   ...oppose the application; the first defendant abides the decision of the Court; and the plaintiffs do not oppose the application. Framework for analysis [4] The Employment Relations Act 2000 does not deal with access to documents held on the Court file, nor do the Employment Court Regulations 2000. The Senior Courts (Access to Court Documents) Rules 2017 (the Rules) have been applied by way of reference to reg 6 of the Regulations and/or by way of helpful analogy.2 1 Courage v...

2. Bamber v Official Assignee - Lot 39 Deposited Plan South-Auckland 3455 (2021) 260 Waiariki MB 137 (260 WAR 137) [pdf, 243 KB]

   ...proceedings. [2] The rehearing adjudged that the order vesting the property in the whānau trust be quashed, revesting the property in the Bambers, at which point it was immediately vested in the Official Assignee.3 The trustees of the whānau trust then filed an amended application to revest the property in the whānau trust.4 The trustees also applied under s 45 to challenge the order made at the rehearing.5 [3] In response to the Official Assignee’s memorandum of 31 August...

3. Otago Standards Committee v Duff [2022] NZLCDT 4 (21 January 2022) [pdf, 103 KB]

   ...Tribunal. 1 Pursuant to s 7(1)(b)(ii) Lawyers and Conveyancers Act 2006 (LCA). 3 2. In relation to Matai Chambers Limited, I agree to supervision for a period of 12 months by Sumudu Thode of Thode Utting on the accounts of all private files. 3. To retain an accountant at all times to oversee and ensure I fulfil taxation obligations in a timely manner, both personally and on behalf of Matai Chambers Ltd.” [3] This decision comprises the reserved reasons for the penalty o...

4. [2022] NZEnvC 206 Cossens v Queenstown Lakes District Council [pdf, 211 KB]

   ...quantitative research of community and public attitudes and perceptions of priority area landscape values. f. To confirm a new timeline for values schedule development and to set a new date for notification of such schedules. [4] Dr Cossens also filed an ex-parte application for an interim enforcement order to prohibit QLDC from notifying or processing the Proposed Variation pending the determination of the substantive application.3 That application was declined on 29 June 2022.4...

5. BI v OX [2021] NZDT 1543 (17 September 2021) [pdf, 325 KB]

   ...circumstances. BI has proven a misrepresentation. If so, what are the damages required to place BI in the position as if the representation had been correct? [24] BI explained that he did not seek the full damages sought. It had been an estimate when he filed the claim. The timing belt plus labour was an item that was taken care of while the relevant engine parts had been disassembled. This was not connected with the overheating. Further he subtracted the cost of the oil and filter...

6. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...it under warranty because it had no record of payment from OZ. BM says that ZB was the exclusive distributor and also refused to sell her a motherboard. So, in July when her tenants then gave her 14 days’ notice to remedy the fault or they would file a Tenancy Tribunal claim, she says she had no choice but to purchase a replacement Unit. 1 District Court Rules 2014 rule 11.10 Correction of accidental slip or omission CI0301_CIV_DCDT_Order Page 2 of 6 3. BM claims $1,999.00...

7. UW v GC Ltd [2024] NZDT 245 (17 March 2024) [pdf, 117 KB]

   ...17. UW collected the boat on 12 October 2023 and on 13 October 2023 made claims that GC Ltd had damaged the boat. 18. On 17 October 2023, UW had a brand-new motor installed for $79,485.96, less $2,000.00 for the trade-in engine. 19. UW filed this claim on 24 October 2023 for $30,000.00. On 8 December 2023, UW provided a breakdown the $30,000.00 claimed as being $21,800.00 for the engine repair not being done timely, $4,590.00 for damage to the boat whilst in for repairs and $3,

8. Alves v Accident Compensation Corporation (Claims Process) [2023 NZACC 197] [pdf, 162 KB]

   ...of pay due to missing work days. This amount would have to be corrected for three years worth of inflation. I want compensation for the long hours I had to waste on a huge amount of paperwork ACC used to try and drown me with - sometimes many files with hundreds of pages a day or two before the date set for a hearing - plus the time 1 Alves v Accident Compensation Corporation [2022] NZACC 27. 2 Alves v Accident Compensation Corporation [2022] NZACC 215. 4 spent on resear...

9. McQueen v Boon - Waiwhakaata 3E6 Section 4B2 (2023) 261 Waikato Manapoto MB 177 (261 WMN 177) [pdf, 252 KB]

   ...applications [1] On 15 December 2022 I issued an oral decision relating to three applications involving the Waiwhakaata 3E6 Section 4B2 Trust (the Trust). A20220007867 - Enforcement of Obligations of Trust [2] I dismissed the enforcement application filed by Warren McQueen, as the evidence did not demonstrate the trustees of the trust (the trustees) conducted themselves in a manner that requires the enforcement of obligations of trust. A20220014762 - Removal of Trustees [3] Thr...

10. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

    ...2021 and recorded that the parties had been together for 14 months and that KX had been living with TH for the past 10. What the police recorded after speaking with the parties is consistent with TH’s evidence. (iii) Through her solicitor, TH filed a statement of claim dated 1 February 2022. At paragraph 5 it was claimed that around February of 2020, the parties entered into a verbal agreement that KX would move into TH’s house. KX provided a statement of defence through his so...