Search Results

1. [2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [pdf, 126 KB]

   ...difficult when non-monetary remedies, particularly reinstatement, are sought or where the plaintiff’s legitimate interest in the outcome includes non-monetary components, such as reputation or vindication. This has been recognised by the Court of Appeal in a number of cases but what was said in those cases and the approach to be taken was summarised in Bluestar Print Group (NZ) Ltd v Mitchell 6 : [17] The starting point is that reg 68(1) of the regulations provides that the Cou...

2. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

   ...that the evidence of the Labour Inspector was insufficient when he said: I believe that the respondent [presumably the first respondent TOEL] is liquidating its assets and the directors are preparing to leave New Zealand. I believe that the appeal of the Authority’s determination is merely a stalling tactic to provide the respondent with time to dispose of assets of [the] company and distribute the proceeds of any sale to the directors personally in order to avoid their respo...

3. Gollins Commercial Ltd v Registrar of the REAA [2016] NZREADT 16 [pdf, 154 KB]

   ...cases cited above) “clears him of suspicion” and that he “felt vindicated by the decision”. His attitude of apology in that respect is pleasing. [52] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Mr J...

4. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...advice, Colliers also referred the issue to the Real Estate Agents Authority and the Complaints Assessment Committee decided to lay a charge. This was laid on 24 January 2014. [26] For the sake of completeness, it should be noted that Mr Gollins appealed the decision to charge him on 10 July 2014 and a differently constituted Tribunal found that there was sufficient evidence to justify the Complaints Assessment Committee’s decision to lay a charge. They dismissed the appeal. [2...

5. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...to it the $45,000 which the Applicant did. [4] H Ltd subsequently took proceedings in relation to matter. The Court found the Applicant to be in breach of its undertaking and found in favour of H Ltd. The Applicant intended to lodge an appeal against that finding but meanwhile a settlement agreement was reached between XX and the receivers of H Ltd, making the Applicant‟s appeal redundant. [5] The Respondent then filed a complaint with the New Zealand Law Society agains...

6. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...stress and constant worry as she lived with the knowledge of the leaks and ongoing damage for five years from 2007–2012. She was worried about her health and safety and that of visitors and also had financial concerns. [6] The Court of Appeal in Byron Ave2 provided a guide for damages in such situations at $25,000 for an owner occupier in Ms Dwan’s circumstances. I find that her evidence shows she is entitled to this level of damages. [7] Ms Dwan obtained an overdraft...

7. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...presumption of innocence. Most notably, the cases of R v Oakes (1986) 26 DLR (4th) 200) Canadian Supreme Court, S v Bhulwana; S v Gwadiso (1995) 2 SACR 748, South African Constitutional Court and R v Sin Yau-Ming [1992] LRC (Const) 547, Hong Kong Court of Appeal. We note particularly the comment of the Supreme Court of Canada in Oakes that the right to be presumed innocent until proven guilty requires that guilt must be proven beyond reasonable doubt, and that it is the State which must...

8. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

   ...meeting with that client to discuss a possible transfer of the business. In that case the employee concerned resigned, travelled overseas on leave, and obtained an important agency, until then held by his former employer. Cooke J in the Court of Appeal concluded that even during the period in which Mr Schilling was regarded as having been on leave, his contract of service and the relationship with his employer continued. Cooke J concluded: 5 … It seems to me, however, that in...

9. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...“[a] profession’s most valuable asset is its collective reputation and the confidence which that inspires”.22 [25] It is these principles to which I direct the penalties imposed in this decision. Censure/reprimand [26] The Court of Appeal in New Zealand Law Society v B23 21 Bolton v Law Society [1994] 2 All ER 486. saw little difference between a censure and a reprimand. At [39] the Court stated: 22 At 492. 23 Ne...

10. Crosby v Appleton - Whangamata 4D1C1B (2008) 114 Hauraki MB 209 (114 H 209) [pdf, 2.6 MB]

    ...rehearing has been granled, Ihe period allowedfor an appeal to the Maori Appel/ale COUl'l shall not commence 10 nm until the rehearing has been disposed of by afinal order of the Courl. (7) Subsection (6) applies, wilh Ihe necessmy modifications, to appeals to Ihe High Courlllnder seclion 63(2) of the Foreshore and Seabed Act 2004. [26] As I have said earlier, much of the material put before the Court by Mrs Crosby and others is irrelevant. [27] There are however some matters wh...