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  1. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

    ...spell out the basis on which fees will be charged and will need to be paid by the client if third party funding is withdrawn, but this is not a matter of professional obligation. [16] Mr Hodge referred us to the decision of the English Court of Appeal in Baxendale-Walker v The Law Society,4 which set out principles applicable to costs awards against a regulator in a similar disciplinary framework and which he submitted are of relevance in this case where the Committee has been parti...

  2. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

    ...Zealand Law Society the costs of the Tribunal payable by it in the sum of $6,225.00. [21] The orders for suspension and prohibition from practising on his own account are not to take effect until 1 March 2020 to allow Mr Hong time to pursue his appeal to the High Court or to seek a stay of those orders pending determination of his appeal. DATED at AUCKLAND this 23rd day of December 2019 BJ Kendall Chairperson...

  5. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

    ...employee deprived improperly of a day’s annual holiday to be paid a day’s wages in compensation. Proper compensation would be the provision of an alternate holiday. [24] How that is achieved is, as with the decision on the first ground of appeal, obvious in this case as Mr McIlraith conceded realistically. Where the wrongful deprivation of an entitlement to an annual holiday is an unjustified personal grievance, the statutory remedies for grievances will encompass this situati...

  6. [2015] NZEmpC 158 Sealord Group Ltd v Pickering [pdf, 123 KB]

    ...Sealord made two Calderbank offers dated 27 August 2014 and 9 September 2014 respectively. Mr Kiely submitted that in neither case did the remedies awarded to Mr Pickering exceed the amount offered to settle. Mr Kiely noted that while the Court of Appeal had concluded that the normal effect of a successful Calderbank offer was to reverse the costs position, it was Sealord’s submission in the present case that no order should be made in relation to costs...

  7. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision No: [2011] NZREADT 32 Reference No: READT 010/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN MARTIN PERKINSON AND ANNE PERKINSON Appellants AND COMPLAINTS ASSESSMENT COMMITTEE (CAC 10040) First respondent AND MARTIN COOPER AND CAROLYNN LE MAC Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms J Robson - Me...

  8. Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175) [pdf, 218 KB]

    ...the owners, then that is a matter for the owners to address at an AGM. Section 222 can be fully considered at the time of the appointment of any new trustee. The time to have made an issue of the appointment of the current trustees was in 2011 by appealing to the Māori Appellate Court. It is well beyond the appeal period now. Section 238 cannot be used to unsettle those appointments. Thus the Second Cause of Action must fail. Order [36] The application is dismissed. The Registrar i...

  9. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

    ...title, estate, or interest 8 The Proprietors of Mangakino Township v Maori Land Court CA65/99, 16 June 1999 41 Tākitimu MB 286 [20] In Attorney General v Māori Land Court the Court of Appeal considered the jurisdiction of this Court: 9 Section 17 … states in subs (1) the primary objective of the Maori Land Court and reinforces the preamble - to promote and assist in the retention of Maori land and General land owned b...

  10. [2013] NZEmpC 210 MAS Zengrange (NZ) Ltd v HDT Ltd [pdf, 138 KB]

    ...direction requiring someone to produce documents to it. 6 [2013] NZEmpC 150. 7 [2006] ERNZ 221. 8 [2005] ERNZ 471. That judgment is currently the subject of an application for leave to appeal although I do not understand the particular point at issue in this case to be the subject of the intended appeal. That judgment is Aarts v Barnardos New Zealand. 9 In that case the Authority refused to issue a summons to the Commi...