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1. Adams v Easthope [2010] NZWHT Auckland 35 [pdf, 65 KB]

   ...been struck out from being re-filed elsewhere. [15] Mr Koning also made submissions along these lines. Both Mr Cavanaugh and Mr Koning submitted that this was a case where res judicata and issue estoppel applied. Both counsel also raised defences or arguments under the Limitation Act 1950. Mr Rainey replied to those submissions. [16] The Weathertight Homes Tribunal provides an alternative forum to the courts for resolving disputes regarding leaky homes. Claimants, after...

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

   ...Bays Plumbing which was therefore removed from the proceedings. The claim proceeded to adjudication against Antony David Webber, the second respondent, and Frederick Peter Garton, the third respondent. THE CLAIM [2] In their amended statement of claim dated 15 July 2011 the MacFarlanes claimed that Mr Webber and Mr Garton were liable as builders and/or head contractors and/or project managers for the weathertightness defects. At the relevant time Mr Webber and Mr Ga...

3. LCRO 114/2017 SM v JC (31 August 2017) [pdf, 137 KB]

   ...involved in a dispute with Ms SM under the Construction Contracts Act 2002 (CCA). [3] Ms SM is a lawyer. [4] The parties submitted the dispute to adjudication. Ms SM claimed [$ Amount] from ABC, together with various costs and a producer statement. ABC provided a detailed response dated [Date]. [5] Ms SM was partly successful. The adjudicator’s determination, dated [Date], refers to Mr JC having raised a number of objections during the adjudication, many of 2 which...

4. [2017] NZEmpC 37 Rossiter v AFFCO NZ Ltd [pdf, 90 KB]

   ...further submissions which either party could make in relation to the challenge beyond those which had already been considered by the Court. It was agreed that the challenge would then be determined on the papers. [5] Mr Rossiter filed an amended statement of claim which makes it clear that he brings a de novo challenge to the Authority’s determination that a stay order be granted. AFFCO has filed an amended statement of defence contending that the Authority was correct in gra...

5. [2016] NZEmpC 124 Spotless Facility Services v Mackay [pdf, 86 KB]

   ...contained admissible evidence. [15] Each counsel has addressed particular paragraphs of the intended brief in light of these propositions. Analysis [16] The starting point, in my view, must be the pleadings. It is evident from the amended statement of claim that the focus of the challenge is on alleged errors of fact and law arising from the determination of the Authority which dealt with its discussion as to whether Spotless acted unreasonably in failing to tell Ms MacKay th...

6. [2022] NZEmpC 34 Henderson Travels Ltd v Kaur [pdf, 210 KB]

   ...Travels’ argument concentrated on whether the company would be able to recover any money paid to Ms Kaur if the challenge succeeded, its financial situation and the merits of its case. [15] Ms Kaur’s case concentrated on the strength of her defence to the challenge, her ability to repay, and what was said to be a lack of merit of the company’s challenge. Will the challenge be ineffectual? [16] Mr Singh, counsel for Henderson Travels, concentrated on doubting Ms Kaur’s abil...

7. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...publicly disclose information in accordance with a determination of the Commission under new section 52O. While the specific requirements are to be set by the Commission, the information required to be disclosed may (without limitation) include financial statements, projections, assets values and valuation reports, plans, forecasts and contracts (see new section 53C(2)). The Commission would be able to require disclosed information to be verified by statutory declaration (new section 53C(...

8. [2018] NZEmpC 114 Allen Chambers Ltd v Pelabon [pdf, 301 KB]

   ...affidavit be filed and served, setting out the timing and detail of the restructuring of the companies. Moreover, if it was to be argued that the company could not meet its liability to Mr Pelabon, “it must provide certified copies of relevant bank statements and provide information as to the value of any asset, plant and chattels it owns on the same date”. [13] No affidavit was filed. Mr Chambers sent an email to the Authority on 24 January 2018, attaching a screenshot of wh...

9. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...proceedings on 20 July 2018 seeking orders that the joint tenancy was severed and the imposition of resulting and/or constructive trusts. [11] The substantive hearing was held on 26 November 2018. Thereafter, counsel for Mr Tuwhangai filed an amended statement of defence and further legal submissions concerning the effect of s 77 of the Act and laches on 30 November 2018. Counsel for Mrs Boon filed a reply to the amended statement defence on 7 December 2018. [12] This decision dea...

10. OIA-109631.pdf [pdf, 3.4 MB]

    ...documents have also been refused under section 1 B(d) of the Act, as the information is publicly available. Please refer to the below links for this information. • Regarding document 2: justice.govt.nz/assets/Documents/Publications/Regulatory- 1 m pact-Statement-Removi ng-taxpayer-fu ndi n g-for-sectio n-27-reports _Fl NAL. pdf • Regarding documents 3, 5 and 6: justice. govt. nz/ assets/Documents/Pu bl i cati ans/Proactive-release-Leg al-Services­ Am end ment-Bi 11_ FINAL. pdf Plea...