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1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 48 Reference No. HRRT 020/2012 UNDER THE PRIVACY ACT 1993 BETWEEN KELLY ARMFIELD PLAINTIFF AND BRADLEY NAUGHTON DEFENDANT AT NEW PLYMOUTH BEFORE: Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Mr BK Neeson, Member REPRESENTATION: Ms T Corbett and Mr L Hansen for Plaintiff (7 and 8 February 2013) Mr L Hansen for Plaintiff (15 April 2013) Mr B Naughton in person M
...Authority‟s determination not to reopen its investigation. In her statement of claim, however, she made no reference to that and instead pleaded the merits of her claim of unjustifiable dismissal. This led to a complete mismatch between the statements of claim and defence. [5] I dealt with those issues in a conference on 26 August 2010 with Ms Penney and Ms Burson as counsel for Fonterra. As the effect of the Authority‟s determination was that Ms Penney‟s claim was brought...
...argued that the Authority could punish contempt by a fine or other monetary penalty, potentially of an unlimited amount. Mr Anderson also submitted that other sanctions available to the Authority to deal with contempt included striking out the defence of a defendant in breach of an interlocutory injunction. [12] Mr Anderson’s submission that the Authority has a limited power to punish for contempt was based on two broad grounds. First, he referred to the powers conferred on th...
...remove trustees lightly. There must be evidence of a real failure to perform trustee duties, or of malfeasance or of trustees abusing their position for personal gain. If anyone of those criteria was satisfied, and in the absence of a positive defence, then the trustee should be removed. Mrs Whitehead 's behaviour, which she herself acknowledges, was without doubt unacceptable. Unfortunately, aggressive displays at meetings of trustees and beneficiaries are increasingly common pl...
...the question of representation, I will be specifically wanting to put in place timetable directions relating to the following matters: (i) The formalising of any equitable claim that Ms Boon may have, e.g. by way of a separate application and/or statement of claim; 160 Waikato Maniapoto MB 123 (ii) Timetabling for any notice of opposition and/or statement of defence to Ms Boon’s equitable claim; (iii) Timetabling for the filing of evidence by all parties; and (iv) Discuss...
...On 29 November 2016, I granted the adjournment and set the rehearing application down for a new hearing date. 11 [11] The rehearing application was then heard on 13 December 2016. 12 On the day of the hearing, Mr Tupara sought to file a statement of evidence from Mr Paerau. Mr Harte opposed this evidence being filed. I determined that the statement of evidence was not to be received on the record. After hearing submissions from counsel, I dismissed the rehearing applicatio...
...it is in the interests of justice that non- publication is ordered. [51] Accordingly, there is a permanent order for non-publication of the information contained in: a. Tullycrine financial budgets across 2010-2012; b. Tullycrine financial statements for the 2011 financial year; c. Tullycrine Annual Report ending 31 July 2014; d. Tullycrine Special Purpose Financial Report ending 31 July 2015; and e. Tullycrine Special Purpose Financial Report ending 31 July 2016. Costs a...
...his company by the previous business owner. It was used to re-document employment agreements with staff after the business was acquired by Caisteal. [28] Mr Hobcraft, in submissions for Ms Faithfull, pointed out that despite the introductory statement in the agreement describing the relationship as casual there were other aspects of it showing that, in reality, the employment was not. [29] Mr Hobcraft’s first point was that the agreement was stated to be of indefinite d...
...specific claimant: such loss is not assessed objectively, but by examining the 'degree of distress suffered by the claimant’. The court may have before it direct evidence of the claimant's distress, such as a medical report or witness statements. More typical, however, is that the court does not have such a 'solid evidential foundation' upon which to base assessment, as it would for financial loss. The courts will therefore engage seriously with the factual matrix in...
...upheld, and the dispute at the hearing was limited to whether the conduct was unprofessional (rather than whether the conduct occurred). Similarly, in the present case, Ms Lieven was found not guilty on the two most serious charges and an agreed statement of facts was filed. [50] On 14 August, the Committee filed a schedule detailing their costs totalling $15,742.80, 20% of which is $3,148.56. [51] Counsel for Ms Lieven has agreed that a contribution of 20% of the Committee’s c...