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1. [2022] NZACC 32– CJ v ACC (9 March 2022) [pdf, 271 KB]

   ...assessment and this is not consistent with an established and chronic PTSD. … d. [The appellant’s] file notes make it clear that he is affected by personality disorder and that he dissembles and makes fantastical claims. e. [The appellant’s] files notes make it clear that he has a very substantial forensic history dominated by fraud. … f. [The appellant] has reported being involved in a bombing in London. There is reasonable doubt that he was present at that event. … g....

2. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   ...overdraft liability. [9] The plaintiff’s statement of claim seeks an order quashing the Authority’s costs determination and replacing it with an order that the defendant pay the plaintiff a total of $15,500 in costs in the Authority plus the filing fee and costs in the Court. [10] The defendant’s statement of defence asserts that his financial situation has deteriorated further and, on other grounds to which I will refer later, the defendant also seeks to have the Authority...

3. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   ...submissions and asked questions of witnesses. [4] The issue for determination is whether or not the costs claimed are reasonable, and secondly, who if anyone should pay them? 40 Tākitimu MB 208 Submissions for Mrs Huata-Kupa [5] Mark Kupa filed an initial memorandum in support of the application by Mrs Huata- Kupa for special aid prior to the final hearing of the matter in December 2014. He submitted that the background to the application was complex and convoluted and had been...

4. Trustees of Paenoa Te Akau Trust v Taupō District Council - Paenoa Te Akau (2014) 108 Waiariki MB 261 (108 WAR 261) [pdf, 225 KB]

   ...The applicants however claim that the roadway was cancelled and therefore the status of Tupara Road is as Maori Freehold land. The respondents see things different and claim Tupara Road is still a public road. [3] The first application was filed on 16 September 2009 by Hinekaharoa Ngawhika under ss 322 and 323 of Te Ture Whenua Māori Act 1993 (“the Act”). The applicant sought an order of the Court cancelling Tupara Road and revesting it in the beneficial owners. The appli...

5. [2015] NZEmpC 228 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 177 KB]

   ...application for costs BETWEEN NEW ZEALAND MEAT WORKERS UNION INC Plaintiff AND SOUTH PACIFIC MEATS LIMITED First Defendant AND MICHAEL ANTHONY TALLEY Second Defendant Hearing: By memoranda of submissions filed on 30 September, 27 October, 6 and 27 November, and 14 December 2015 Appearances: P Churchman QC, counsel for plaintiff G Malone, counsel for defendants Judgment: 16 December 2015 COSTS JUDGMENT OF CHIEF JUDGE...

6. Heke v Heke - Hirini Putete Heke Whanau Trust (2013) 2013 Chief Judge's MB 996 (2013 CJ 996) [pdf, 204 KB]

   ...Appearances: A Kennedy for the Applicant W Puriri for the Respondent Judgment: 22 November 2013 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX 2013 Chief Judge’s MB 997 [1] This application, filed by Victor William Robert Heke (“the Applicant”), one of the trustees of the Hirini Putete Heke Whānau Trust, pursuant to s 45 of Te Ture Whenua Māori Act 1993, seeks to amend Māori Appellate Court orders dated 1 April 2003 relat...

7. Eriha v Munro - Kairakau Lands Trust (2014) 32 Takitimu MB 84 (32 TKT 84) [pdf, 206 KB]

   ...The trustees deny the allegations. They say that they have continued to administer the Trust prudently and to the best advantage of its beneficiaries. [4] The substantive hearing was then held on 3 July 2013 where I directed the applicants to file written responses to the trustees’ report and following that a decision would issue in due course. The submissions were eventually received on 3 and 14 August 2013. Issue [5] The issues for determination are: (a) Has the...

8. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

   ...and not an oversight. [66] The time expended on a matter is only one of the factors set out in Rule 9 of the Conduct and Client Care Rules to be taken into consideration when assessing a fee. The hourly rates of the lawyers having carriage of a file is relevant only to the time expended. [67] Rule 3.4 requires a firm to advise clients the basis on which fees will be charged. In its client information letter ABC firm advised that “fees will be charged taking into account reason...

9. NT v Standards Committee LCRO 131/2014 (21 November 2014) [pdf, 84 KB]

   ...quantum of the judgment, Overall, the complainants secured very modest concessions, and the Judge disposed of the case by dismissing the complainants’ claims and counterclaims, entering judgment in favour of the assignee, and inviting counsel to file memoranda on quantum and costs. 4 claims by the first and second defendants for awards of increased or indemnity costs,5 and the numerous submissions made by Mr NT on behalf of the complainants, which he described as having been...

10. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

    ...balcony leading to structural unsoundness and cracks in the concrete which was allowing water ingress; a drain outlet bored through the balcony slab which would allow water to further damage the polystyrene bands; Harditex fixed hard onto a profiled metal flashing with no expansion gap, and sheets nailed through the profiled metal flashing; instances of the texture coating pouting as a result of there being little or no gap between the Harditex sheets; face fixed rainwat...