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1. [2014] NZEmpC 131 Patel v OCS Ltd [pdf, 68 KB]

   ...into account as a factor in favour of the defendant if it makes an offer that would have been more beneficial to the plaintiff than the judgment subsequently obtained. A steely approach is required, for the policy reasons set out by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell. 5 Ultimately, Calderbank offers are a discretionary factor for the Court in determining an appropriate costs award. And, as in all matters, the Court is to exercise its jurisdiction in...

2. [2014] NZEmpC 195 Davis v Commissioner of Police [pdf, 65 KB]

   ...not lie where they fall, Mr Davis’s financial position is such that any award of costs against him should be limited. [11] In exercising its discretion in the matter of costs, the Court primarily relies upon three decisions of the Court of Appeal; Victoria University of Wellington v Alton-Lee, 5 Binnie v Pacific Health Ltd, 6 and Health Waikato Ltd v Elmsly. 7 [12] Costs will normally follow the event and while all matters pertinent to the issue of costs are to...

3. [2016] NZEmpC 15 Holman v CTC Aviation Training (NZ) Ltd interlocutory [pdf, 87 KB]

   ...considered; e) The court will consider whether irreparable damage will be suffered by the applicant if the order is not made. [8] In addition Judge Travis considered Thornton Hall Manufacturing Ltd v Shanton Apparel Ltd 4 where the Court of Appeal stated: The parties should have every opportunity to ensure that the real controversy goes to trial so as to secure the just determination of the proceeding. [9] He also cited from Tawhiwhirangi v Attorney-General in respect of the Chi...

4. CAC 20006 v England [2013] NZREADT 97 [pdf, 82 KB]

   ...charges proven and we fine the defendant $750 to be paid to the Registrar of the Authority at Wellington within five working days of the date of this decision. [10] 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 J Gaukrodger Member __________________________...

5. CAC 20004 v Clark & Clark [2013] NZREADT 88 [pdf, 28 KB]

   ...defendant and also fine each defendant $3,000 payable to the Registrar of the Authority at Wellington within 15 working days from the date of this decision. [23] 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 ______________________________...

6. O'Leary - Waitahanui No.6 Block (2011) 262 Aotea MB 95 (262 AOT 95) [pdf, 121 KB]

   ...there being no opposition to the change of status application, the Māori Land Court may, in the exercise of its powers and 262 Aotea MB 97 responsibilities, make its own assessment whether to change the status of land, as the Court of Appeal stated in Valuer-General v Mangatu Inc. 1 . Relevant facts [8] The Applicant has been an owner in the Waitahanui No.6 block since 1984. He has farmed the block as part of his farm since 1984. His evidence was that his shares have...

7. AFF v ZUP [2013] NZDT 350 (19 November 2013) [pdf, 65 KB]

   ...Whilst it is technically possible under s 7 of the CMA to order a refund if this is “just”, this section should not be used except in exceptional circumstances to override the general principle in the CRA, reinforced in the High Court and Court of Appeal, that buyers of goods in private sales can apply only for damages. A buyer making a private purchase must accept that there remains a risk of loss that cannot be recovered, putting a high value on their pre-purchase homework....

8. Koopu v Trustees of Maraenui A2 Ahu Whenua Trust – Maraenui A2 (2013) 69 Waiariki MB 115 (69 WAR 115) [pdf, 141 KB]

   ...cases for relief against forfeiture, the Courts in granting such relief are granting an indulgence and, therefore, rent and costs must usually be paid. But elements of fairness should also be considered as noted in the decision of the Court of Appeal in Roses Are Red Ltd v Board of Administration of the Methodist Church of New Zealand (2009).7 Thus Mr Peterson further contended that it is not always appropriate that costs be awarded to the respondent. He submitted that as the respon...

9. CAC 2006 v Azimi - Interim Suspension [2012] NZREADT 43 [pdf, 30 KB]

   ...of its decision and (a) include in the notice the grounds for the decision, the date on which the suspension takes effect, and the period or duration of the suspension; and 4 (b) specify in the notice the right of the licensee to appeal to the High Court under section 116. Discussion [7] The pre-requisite to ordering interim suspension is that the licensee has been charged under s.91 (refer s.115(1)(a)). The ground for interim suspension is set out in s.115(1)(b...

10. CAC 10043 v Brooker - Penalty Decision [2012] NZREADT 31 [pdf, 107 KB]

    ...that a fine of $500 would be the appropriate penalty for Ms Brooker. We order, therefore, that she pay the sum of $500 by way of a fine. [16] We draw the parties’ attention to s 116 of the Real Estate Agents Act which provides for the right of appeal to the High Court. 5 DATED at AUCKLAND this 11th day of June 2012 ______________________________ Mr G Denley Member ______________________________ Mr J Gaukrodger Member