Search Results

1. AL v Secretary for Justice 30 August 2012 NZRA 000017 [pdf, 130 KB]

   ...resulting in a sentence of Community Work. 8. The applicant provided work samples in respect of the cases mentioned in paragraph 7(a), (b) and (c). 9. In respect of the case mentioned in paragraph 7(a), the Applicant stated that he reviewed the trial file including briefs of evidence, job sheets, notebook entries and exhibits. He researched the law on the case to a 40% level. He briefed one witness and drafted the handwritten notes in support of the application for discharge und...

2. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

   ...to a costs determination of the Employment Relations Authority BETWEEN BRENDAN KELLERMAN Plaintiff AND STONEWARE 91 LIMITED trading as SWITCHED ON GARDENER Defendant Hearing: (on the papers by way of submissions filed on 26 June, 1 and 9 July 2014) Judgment: 31 July 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The plaintiff was granted leave by this Court 1 to bring a challenge in respect of a c...

3. [2015] NZEmpC 3 Fletcher v Sharp Tudhope Lawyers costs [pdf, 73 KB]

   ...challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN DARRYL FLETCHER Plaintiff AND SHARP TUDHOPE LAWYERS Defendant Hearing: On the papers filed on 17 October and 22 November 2014 Appearances: D Fletcher, plaintiff in person P A Caisley, counsel for defendant Judgment: 8 January 2015 COSTS JUDGMENT OF JUDGE CHRISTINA INGLIS [1] I struck out...

4. Merito - The Moutoki, Tokata and Rurima Islands (2011) 34 Waiariki MB 176 (34 WAR 176) [pdf, 103 KB]

   ...there appears to be a significant discrepancy involving the area of the Rūrima Islands as between the sketch plans and the survey. [18] I understand from the Deputy Registrar that according to the Surveyor General’s correspondence on the Court file, when the sketch plans were made in the early twentieth century the technology available for accurate survey and mapping was not as advanced as it is today or in 1986. Moreover, it is suggested by the surveyor general that the sketch pl...

5. Deputy Registrar – Onewhero B (Burial Reserve) (2013) 61 Taitokerau MB 119 (61 TTK 119) [pdf, 78 KB]

   ...was not dismissed. Rather, Judge Spencer wished to know whether there had been a partition giving rise to Onewhero B and whether or not a title plan existed. The application was therefore adjourned to Chambers for one month for the Registrar to file a submission on these issues. [8] As it transpired, the Registrar did not file a submission within the one month and the application fell into the residual work of the Project. Eventually in 2012 Bob Adam, a former surveyor and senior...

6. Director of Proceedings v Zhu [2012] NZHRRT 7 [pdf, 150 KB]

   ...Member Dr S Hickey, Member Aaron Martin, Director of Proceedings Defendant in person DATE OF DECISION: 28 March 2012 DECISION OF TRIBUNAL [1] These proceedings under s 50 of the Health and Disability Commissioner Act 1994 were filed on 6 December 2011. A telephone conference was held on 3 February 2012 for the purpose of giving directions to ensure that the case would be ready for hearing at Auckland on 16 April 2012. [2] The plaintiff and defendant have since set...

7. B v Q LCRO 48 / 2009 (20 April 2009) [pdf, 21 KB]

   ...overpaid. He has produced three invoices amounting to $6 453.75. He also maintains that his bank records show that $11 950 was paid to Lawyer Q. A schedule of payments that appears to have been prepared by Client B and supplied to Lawyer Q is on the file of the Complaints Committee provided to me. 2 [4] By virtue of the reform of the law relating to the regulation of Legal Practitioners the office of Lay Observers ceased to exist on 1 February 2009. Pursuant to s 355 of th...

8. Keynes Ltd v Slough LCRO 92 / 2009 (31 July 2009) [pdf, 20 KB]

   ...email specific instructions were given to Slough to make a further search to ascertain whether the proposed defendants owned any real estate in New Zealand. It was also the case that limitation was running and it was important that proceedings were filed in a timely way to ensure that they were not statute barred. [13] The question is not whether Slough did an exemplary job. It may be observed that Slough would have done a better job for its client had one of the lawyers involve...

9. McFarlane v Auckland Council [2011] NZWHT Auckland 49 [pdf, 69 KB]

   ...construction and settled their purchase on 13 July 2001 after the Code Compliance Certificate was issued by the Council. In August 2008 Mr and Mrs MacFarlane became concerned about leaks and obtained a report from Cove Kinloch Consulting Limited before filing their application with the Weathertight Homes Resolution Services on 5 August 2009. On 20 October 2009 T & R Builders Limited was struck off the Companies Register. Page | 3 THE DEFECTS [3] For ev...

10. ZN v CH LCRO 168/2014 [pdf, 117 KB]

    ...Committee considered it significant that Ms ZN was made aware of the changing nature of her instructions to Mr CH and the resultant variation to the fee estimate prior to the receipt of Mr CH’s invoice. Application for Review [9] Ms ZN filed her application to review the Standards Committee decision on 15 July 2014. She submits that: (a) The fee estimate given by Mr CH should have included GST and disbursements. (b) She did not receive a letter of engagement or other clie...