Search Results

1. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

   ...principles to apply. Interim injunction principles [12] There was no dispute about the principles to apply in considering the plaintiff’s application. They were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd where the Court of Appeal said:1 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolou...

2. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

   ...with our obligations under the Lawyers Conduct and Client Care Rules 2008. Nature and scope of review [53] The High Court has described a review by this Office in the following way:27 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

3. LCRO 13/2024 OB and HG v NC (12 June 2024) [pdf, 228 KB]

   ...The balance funds of the estate were distributed to the applicants shortly after the High Court held that no interest was owing, meaning that the estate had no potential liability for income tax on interest income. 2 So named for the Court of Appeal decision in Re Marshall (deceased) [1965] NZLR 851. 5 [25] The applicants as beneficiaries were dissatisfied with the manner in which the estate had been administered by the respondent as executor and with the quality and value of th...

4. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 035 ACAR 268/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LINDA MARTIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 February 2025 Heard at: Wellington/Te Whanganui-a-Tara. Appearances: Appellant is self-represented Mr Gee for the respondent Judgment: 26...

5. FINAL_FLS_Lawyer-for-Child-Best_practice_guidelines_29.4.24.02.pdf [pdf, 432 KB]

   ...Child (UNCROC). 1.3 The welfare and best interests of the child is the paramount consideration of the Family Court in proceedings that involve children under these Acts. 1.4 Except in circumstances where a child is exercising their right of appeal, (sections 143 of the Care of Children Act 2004 (CoCA) and section 341(2) of the Oranga Tamariki Act 1989 (OT Act), and in limited circumstances as prescribed by these Acts (section 31 of CoCA), a child is not a party to the proceedings....

6. E v CAC10043 & N [2012] NZREADT 56 [pdf, 469 KB]

7. [2007] NZEmpC AC 27/07 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 36 KB]

   ...compensatory awards. I accept, however, that improper conduct in the course of litigation may be, and indeed often should be, reflected in costs: Paper Reclaim Ltd v Aotearoa International Ltd unreported, 14 March 2006, CA 70/04. As the Court of Appeal indicated in Binnie v Pacific Health Ltd [2002] 1 ERNZ 493, awards of indemnity costs are not confined to extraordinary cases in which the unsuccessful party’s case was wholly lacking in merit and the pursuit of the litigation cou...

8. [2011] NZEmpC 104 Creedy v Commissioner of Police [pdf, 92 KB]

   ...his career as a police officer have already been the subject of decisions and judgments in the Employment 1 AA491/10, 22 November 2010. Relations Authority, 2 this Court, 3 the Court of Appeal, 4 and the Supreme Court. 5 The outcome of that litigation was that Mr Creedy was found to have failed to raise his personal grievance of unjustified constructive dismissal with his employer within the statutory period and was un...

9. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...contending that the defendant was estopped from contesting the implicit finding of the Authority that the plaintiff‟s employment was of indefinite duration or at least for a term of six months. Counsel submitted that, “the partial de novo appeal should be limited to the parameters outlined in the Statement of Claim and in Judge Couch‟s Minute.” [9] The hearing had been set down for one day only commencing at 9.30 am. I had indicated through the Registrar that I wished to...

10. Deputy Registrar - Taheke 23A and Taheke 23B (2012) 39 Taitokerau MB 264 (39 TTK 264) [pdf, 1.2 MB]

    ...Ramsey Road. [6] Subsequently, Fiona Reihana-Ruka applied for a rehearing. In my decision of 13 May 2010 3 I granted a rehearing but concluded that my earlier decision of 31 July 2009 should be affirmed. [7] My decision was then successfully appealed in part: Reihana-Ruka – Taheke 23A and 23B 4 . The Māori Appellate Court disagreed with the appellant’s contention that the area of Taheke 23A should be one acre rather than the two acres ordered by the Court in 1976. The App...