Search Results

1. LCRO 194/2020 WQ and QZ v [Company A] (29 March 2022) [pdf, 293 KB]

   ...and on 19 July forwarded the bank loan documents to Ms QZ. 3 On 23 July Ms QZ sent her solicitors certificate, and related documents concerning the bank loan to the bank. Late evening on 24 July the vendor’s lawyer sent his settlement statements to Ms QZ’s assistant, and the following day delivered the originals together with his settlement requirements. Settlement by e-dealing took place on 26 July. Meanwhile, on 24 July the firm had issued its fee invoice, signed...

2. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

   CLAIM NO: 00932 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN E L 1 LIMITED and M & H TRUSTEE SERVICES LIMITED as Trustees of the Eurolife Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation) Sixth Respond

3. [2022] NZEnvC 077 Durham Property Investments Ltd v Napier City Council [pdf, 898 KB]

   ...development stage, certification shall be provided to Council’s Team Leader Resource Consents from a suitably qualified and experienced Chartered Professional Engineer specialising in the field of earthworks design and construction, in the form of a Statement of Professional Opinion to verify compliance with the intended use and that the earthworks are in accordance with the approved plans. Advice Note: Refer to Appendix A7 of the Code of Practice for Subdivision and Land Develo...

4. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...lifting equipment on his vehicle failed to operate and as he, with the assistance of one of the customer's employees, was engaged in manually unloaded bins of meat, he injured his back. Mr Tuala claims, but again this is denied by Linfox in its statement of defence, that he notified his supervisor of the accident at the time but when he arrived back in Auckland, he could not find the supervisor to complete an incident report form. Linfox does accept that approximately 90 minu...

5. Director of Proceedings (EFG) v Commissioner Police [2012] NZHRRT 8 [pdf, 87 KB]

   ...thereby interfered with the privacy of EFG. [12.2] An order restraining the Police from disclosing the Noting in the future. [12.3] An award of damages for the interference with EFG’s privacy. The challenge by the Commissioner of Police [13] The statement of reply by the Commissioner of Police raises two affirmative defences namely, res judicata and abuse of process. [14] The Commissioner correctly pleads that the Noting relied upon by EFG in the present proceedings is the same as...

6. Otago Standards Committee v Milne [2013] NZLCDT 18 [pdf, 157 KB]

   ...funds in accordance with client directions (rr 3(1) and 3(2); keep trust account records in respect of the transactions involving the funds received (r 4.1); keep and provide proper financial records of payments, receipts, transfers, balances and statements in respect of such monies (rr 5.1, 5.2, 5.3 and 5.8). 8 [31] He noted that over a long period Mr Milne had failed to meet the standards of integrity, probity, and trustworthiness expected of a lawyer. Mr Milne had used...

7. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ...2009. His investigations and conclusions are set out in his report. Mr Bukowski the claimant’s expert visited the site while the remedial work was in progress. His conclusions and some photographs that he took are included in his witness statement. He did not however file a report and his witness statement outlines conclusions but provides no detailed information linking the alleged defects to the damage. Clint 5 H...

8. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...checking its accuracy. He did not make inquiries of the legal executive responsible for updating the schedule. Both expert witnesses agreed in their evidence that each would have carefully questioned the legal executive as to the accuracy of the statements. [49] The practitioner did not check that cash deposits had been received, despite referring in a letter to BG dated 10 July, to the “schedule relating to deposits received on the above agreements”. It was the evidence of...

9. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...relate. (2) Subpart 1 of Part 2 (which relates to hearsay evidence) and subpart 2 of Part 2 (which relates to opinion evidence and expert evidence) do not apply to evidence referred to under subsection (1). [52] HL says that this provides a total defence to the allegation that he had improperly put evidence before the Court. [53] I agree with HL that s 129 allows opportunity for evidence to be put to the Court in the manner sanctioned by the section. [54] However, the difficulty w...

10. [2022] NZEnvC 090 Cable Bay Wines Limited v Auckland Council [pdf, 397 KB]

    ...Cable Bay "pushing out the boat" at almost every turn. (e) I agree that the planning witnesses for Cable Bay were unhelpful and did not provide written evidence of substance. I accept that the Court was assisted by the joint witness statements from the expert witnesses, including the planners, but again note that the first statements from Cable Bay's planners were unhelpful. One of them appeared more interested in crystal­ ball-gazing as to what the regulatory envir...