Search Results

1. Te Wani v Peters - Te Puru No 5 (2015) 112 Waikato Maniapoto MB 49 (112 WMN 49) [pdf, 199 KB]

   ...that the trustees would have an issue about non-payment of rates? Jimmy Peters: When there was a dispute, was in dispute? Court: What was the dispute about? Jimmy Peters: It was basically this paperwork that I’ve given you. It’s in my statement. Court: Well now that dispute has been dealt with, and I’ve made it clear that the trust is legal, they are... I mean any trustee is entitled to ask occupiers to pay a fair proportion of the rates, and you didn’t on a matte...

2. MacGregor v Craig (Limited Extension of Confidentiality Orders) [2016] NZHRRT 30 [pdf, 241 KB]

   ...Craig’s fair trial rights in the defamation proceedings and whether the Tribunal had sufficiently considered those rights in ordering the public release of the Substantive Decision. [24] Mr Mills helpfully took the Tribunal through parts of the statement of defence filed by Mr Craig in the Williams proceeding and explained the relationship of some of the Tribunal’s findings to the pleaded defence of qualified privilege for reply to an attack, an explanation which Mr Craig himself had...

3. MT & Anor v NK & Ors [2024] NZDT 798 (12 November 2024) [pdf, 248 KB]

   ...hearings or of the information and evidence presented. CI0301_CIV_DCDT_Order Page 3 of 7 Issues 13. The issues I need to determine are: a. Was there [Type A pipes] in the house? b. What was said about the [Type A pipes]? c. Whether those statements were ultimately incorrect? d. Findings as against the Laird. e. Findings as against F Ltd f. Findings as against T Ltd g. Whether MT and QT are entitled to a remedy? 14. It is only once those matters have been considered tha...

4. AK v ZP LCRO 104 / 2010 (10 February 2011) [pdf, 60 KB]

   ...Practitioner therefore needs to be sure as to the reliability of the witness. [25] The criticism of the Respondent therefore needs to be considered in this context. [26] There were two witnesses whom the Applicant considered would support his defence. [27] The first of these was a work colleague. The Respondent interviewed this witness and formed the view that this witness would be a hostile witness and would therefore be counter-productive to the Applicant’s position. The...

5. [2018] NZEmpC 49 Talbot Agriculture Ltd v Wate [pdf, 257 KB]

   ...INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE K G SMITH [1] Franklyn Wate has applied for an extension of time to file and serve evidence. The evidence was to be filed no later than 3 May 2018 but was not. If the application is not granted, Mr Wate’s defence to Talbot Agriculture Ltd’s claim will be severely compromised if not crippled. [2] A brief comment about the litigation is required to place into context the application that has been made. Talbot Agriculture Ltd has challen...

6. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...name of the reigning Sovereign, as in: Queen Elizabeth the Second], Queen [or King] of New Zealand, her [or his] heirs and successors". (See for example, new ss 17, 18, 20, and 21 of the Oaths and Declarations Act 1957; new regulation 3 of the Defence Regulations 1990; and new s 37(1) of the Police Act 1958.) 5. In Roach v Canada (Minister of State for Multiculturalism and Citizenship) (CA) [1994] 2 FC 406 the appellant challenged the validity of the oath required under the Canadian...

7. [2022] NZEmpC 208 O’Leary v Umbrella Multimedia Ltd (in liquidation) [pdf, 164 KB]

   ...has not consented to the proceedings continuing against him.4 [9] Ms O’Leary has been informed that there is little chance of her obtaining any funds through the liquidation process. She says that no payment has been received. [10] No statement of defence has been filed by Mr Laulu. He was invited to contact the Court registry but has not done so. The matter now proceeds by way of formal proof. [11] The Court’s power to order compliance is set out in s 139 of the Act....

8. [2022] NZEmpC 170 Courage v Attorney-General [pdf, 207 KB]

   ...judgment of this Court; • it is a related company to the third and fourth defendants in the proceedings; and • one of its directors is one of the second defendants in the proceedings. [3] The documentation to which access is sought is the statement of claim and defence; all briefs of evidence and affidavit evidence referred to or given in Court; and all transcripts of evidence given in Court. [4] I directed that the application be provided to the parties, along with fu...

9. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...repeated offers of settlement which the Authority found were, inappropriately, not accepted by the plaintiff. [3] Amongst the Authority’s conclusions about costs, including whether Mr Lewis should pay these and, if so, the amount, were the following statements which are taken from its determination issued on 21 January 2013. [14] This was a case where Mr Lewis persevered with an application to the Authority over an extended period of time despite the clearest intimations both f...

10. Chapman v Aotearoa Resorts Ltd - Tokaanu Māori Township 2nd Residue Trust (2010) 257 Aotea MB 62 (257 AOT 62) [pdf, 245 KB]

    ...trustees made it plain to me that they considered their relationship with Mr Thurston had broken down irretrievably, they had 3 241 Aotea MB 3 257 Aotea MB 66 no faith in any of his statements and that it was therefore unsurprising that they sought cancellation of the lease. Mr Chapman in particular implored the Court to bring the proceedings to an end, as far as Mr Thurston was concerned, by taking into account the enti...