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1. AD v ZX LCRO 87 / 2010 (14 December 2010) [pdf, 82 KB]

   ...is possible that this could arise and it is reasonable for the client to fear that it could happen. That is enough for there to be an unacceptable conflict of interest in counsel for the plaintiff continuing to act.” [47] Referring to these statements, the Respondent submits that it is not merely a case of accepting the statements of the Applicant, however honestly given. The Respondent was at pains to make it clear that he was not in any way casting 8 aspersions on the...

2. NG & OG v JS [2024] NZDT 33 (18 January 2024) [pdf, 151 KB]

   ...party to the contract (B), A is entitled to monetary damages from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached (s35(1)(a) of the CCLA). A representation is broadly defined as a statement of fact made by one contracting party to another, prior to the contract, regarding some existing fact or past event. The Courts have said that although the party to a private sale may have been legally justified in remaining comple...

3. Redruth v Dereham LCRO 154 / 2010 (10 November 2010) [pdf, 132 KB]

   ...2008 there was a meeting at Mr S‟s office, attended by him and the Applicant, and also the Practitioner and Mr L. The purpose of the meeting was to discuss litigation; at that point in time no proceedings had yet issued. [9] In August 2008 a Statement of Claim was prepared by the Practitioner and Mr L and filed. [10] In September a strike-out application was filed in respect of the claim against F. [11] On 10 October 2008 a meeting took place between the Practitioner and Mr...

4. LCRO 174/2014 VS v DH [pdf, 260 KB]

   ...deceased estate is to assist the executor to carry out the executor’s duties. Mr DH acted for Mrs CN, as executor, in the administration of Mrs TS’ estate. As such, his professional 29 CN (statement of defence and amended counter-claim) CIV 2013-404-514, September 2013 at [4]. 30 Standards Committee determination, above n 2, at [30]. 13 duties were owed to his client, Mrs CN, and not to Mr K, Mr M, and Mrs EL, the statuto...

5. [2012] NZEmpC 60 Mayne v Polychem Marketing Ltd [pdf, 105 KB]

   ...circumstances of Mr Mayne’s claim. PML says that, in these circumstances, neither the Authority nor this Court on a challenge had or has jurisdiction to consider these claims. [3] Some of the relevant allegations in the plaintiff’s amended statement of claim are admitted, although some are denied. For the purpose of determining whether the Court has (and the Authority had) jurisdiction to enter upon the merits of Mr Mayne’s claims, I will assume that those allegations of fa...

6. [2009] NZEmpC AC 23A/09 NZ Airline Pilots Association Inc & Anor v Jetconnect Ltd & Ors [pdf, 34 KB]

   ...(“the Act”) and, as a separate cause of action, that they have acted in breach of a collective agreement in force between the first plaintiff and the first defendant. [4] The remedies sought for these breaches, set out at paragraph 3 of the statement of claim dated 19 May 2009 include: 3.1 A declaration or determination that Jetconnect has breached its good faith obligations under section 4 of the ERA in failing to consult with NZALPA and NZALPA’s affected pilot members over...

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

   ...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 solicitor a...

8. Huang v Leung [2010] NZWHT Auckland 16 [pdf, 284 KB]

   ...counsel on behalf of Mr Chen. An adjudication hearing was then set to commence on 8 April 2010 at 10am. Page | 8 [15] On Wednesday 31 March 2010 Mr Piggin filed the following documents on behalf of Mr Chen: a) Response to Amended Statement of Claim b) Brief of Evidence of Mr Sean Chen; c) Brief of Evidence of Rui Jiang d) Brief of Evidence of Bin Chen e) Brief of Evidence of James Barrie Morrison f) Second respondent‟s Bundle of Documents [16] However on...

9. [2025] NZEmpC 214 Wilson Parking New Zealand Limited v Turner and other(s) (Interlocutory Judgment (No 2) of Judge Helen Doyle) [pdf, 284 KB]

   ...An interim injunction restraining the defendants, whether individually or by their directors, servants, agents or otherwise, from soliciting, or entering any business arrangements with the landlord parties listed in the schedule attached to the statement of claim or further servicing such arrangements. (c) A freezing order requiring the defendants to pay 30 per cent of all revenue derived to date and to be derived from the landlord parties listed in the schedule attached to the s...

10. Allen + Clarke FV Courts Evaluation Final Report [pdf, 2 MB]

    Evaluation of Family Violence Courts Final Report 5 March 2021 Family Violence Courts Evaluation – Final Report 2 About Allen + Clarke Allen and Clarke Policy and Regulatory Specialists Limited (Allen + Clarke) is a consultancy firm with offices in based in Wellington (New Zealand) and Melbourne (Australia). We specialise in policy and programme development and implementation, research and evaluation