Search Results

1. MVDT Annual Report 2016-2017 [pdf, 206 KB]

   ...purchasers also established that they would not have purchased the vehicle if its written-off status had been disclosed. The Tribunal declared the vehicle offer and sale agreement void and ordered a full refund of the purchase price: $40,000. On appeal, the Tribunal's decision was upheld by the District Court. The second case, Slimm v McBride Street Cars Limited, decided on 26 April 2017, involved similar facts – the trader disclosed in the CIN that the vehicle was imported...

2. Amai - Ruawahia 2B (2006) 297 Rotorua MB 135 (297 ROT 135) [pdf, 375 KB]

   ...fact, that the initial application for directions filed by himself and Mr Patterson was dismissed. I do not understand how that can possibly be relevant. [27] Under the circurnstances if Mr Perenara wishes to take the matter further either on appeal or review he is quite entitled to do so, but there is no good reason why the orthodox processes of this Court's operation should not take effect. [28] The application is to be fixtured in terms of my directions above. Dated at thi...

3. Maunsell - Te Paroa Lands Trust (2003) 101 Whakatāne MB 35 (101 WHK 35) [pdf, 372 KB]

   ...Waikato-Maniapoto ACMB 34. This case also concerned the election of trustees to a Maori Reservation where the Lower Court, following a hui of beneficiaries, made orders removing trustees and appointing replacements. The Appellant, who was a beneficiary, appealed both orders. The Maori Appellate Court held that as the trustees who were removed had expressed a desire resign,. there was no issue with those orders. However, had any of the trustees disputed their resignations they would have e...

4. Tanetinorau - Hauturu East 8 (2003) 122 Otorohanga MB 22 (122 OT 22) [pdf, 1.3 MB]

   ...further hearing was held on 26 November 2001 and is recorded at Otorohanga Minute Book 119/78-79. The Court's decision was then reserved. Consequently on 19 September 2002 at Otorohanga Minute Book 120/89 the Court indicated that because of the appeal which had been lodged against other applications for succession to various owners in Hauturu East 8 Block, it would not make its decision until the Maori Appellate Court decision was made. The Maori Appellate Court decision has been...

5. Patchell - Te Whaiti Nui a Toi (2008) 320 Rotorua MB 227 (320 ROT 227) [pdf, 1.4 MB]

   ...Act a trustee ofTe Whaiti Nui A Toi T11Ist to serve a tenn of five years. [23] Mr Rangitauira is to fumish the COUlt with an application for e"tension of Special Aid to cover his clients' outstanding costs. [24] Should any patty wish to appeal our decision or apply for a rehearing we will put OUl' reasons in writing in dne course. For completeness we note that we have been assisted in providing the patties with a decision today by the submissions of both counsel filed...

6. Fenton - Rurima (2005) 108 Whakatāne MB 148 (108 WHK 148) [pdf, 412 KB]

   ...Court as to any limitations on the tenure of trustees. Sixthly, any party dissatisfied with the current gazette notice is free to make application pursuant to section 45 ofTe Ture Whenua Maori Act 1993 if they so wish. The remedies of rehearing, appeal and review are also available. Decision [18J For the reasons stated, the existing trustees are confrrmed in that office until further order of the Court. Messrs Araroa, Eruera, Hohapata-Oke and Olsen are appointed advisory trustees,...

7. Ashcroft v Phillips - Mohaka A4 (2005) 179 Napier MB 254 (179 NA 254) [pdf, 1.2 MB]

   ...of rent, purcllase money, royalties or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from tile land, affected by any order to wllicll an application under section 45 of tllis Act or an appeal under Part 2 of t!lis Act relates. (2) Notwitllstanding anything in tile Crown Proceedings Act 1950, any injunction made by tile Court under tllis section maye expressed to be binding on tile Maori Trustee. (2) Any injunction made by ti...

8. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...“proper particulars (permitted) and probing for evidence (not permitted)”.8 Details of the case also are not required that would be oppressive or an unreasonable burden on the plaintiff.9 [19] Both parties point to the dicta of the Court of Appeal in Price Waterhouse v Fortex Group Ltd, that the pleading must state the issues and inform the opposing party of the case to be met, emphasising that:10 As so often is the case in procedural matters, in the end a common-sense and b...

9. Parata - Waitangi A1 A2 (2020) 95 Tairawhiti MB 210 (95 TRW 210) [pdf, 206 KB]

   ...experience, and knowledge of the individual. The Court cannot appoint any individual unless it is satisfied that the appointment would be broadly acceptable to the beneficiaries of these trusts. 95 Tairawhiti MB 215 [14] The Court of Appeal decision Clark v Karaitiana is the leading authority on the appointment of trustees.3 Two relevant points from that decision apply to the facts presented here:4 (a) the views of the beneficial owners of the trust are relevant to, but do...

10. [2021] NZEmpC 13 Edwards v Recreational Services Ltd [pdf, 206 KB]

    ...High Court Rules 2016, r 5.45(3)(b). discretion regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up. That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:11 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order...