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1. [2024] NZEmpC 154 Hu v Passion Fresh Ltd [pdf, 180 KB]

   ...Checkmate Precision Cutting Tools Ltd [2015] NZEmpC 2; [2015] ERNZ 196. the subsequent expense incurred by both parties would have been avoided.7 This submission drew heavily on Bluestar Print Group (NZ) Ltd v Mitchell.8 The Court of Appeal in that case cautioned that a “steely” approach is required in dealing with the cost consequences of settlement offers made without prejudice save as to costs.9 [18] Bluestar does not provide particular guidance to assist in asses...

2. 2023-10-13-Notice-of-motion.pdf [pdf, 299 KB]

   ...were received, of which 5 were partially or fully in support and 41 were opposed. The number and nature of the submissions received indicates that the Application is contentious. Any decision by the Council in the first instance would likely be appealed to the Environment Court. (f) It would be more efficient in terms of cost and time for all parties and interested persons for the Application to be heard and determined by the Environment Court instead of Council. (g) The Appli...

3. [2023] NZEmpC 147 Reddy v Employment Relations Authority [pdf, 192 KB]

   ...on review (1) Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court. … (2) For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,— (a) in the narrow and original sense of the term ju...

4. Xi v Body Corporate 198693 (Costs) [2024] NZHRRT 19 [pdf, 170 KB]

   ...obligations to the unit owners. As a consequence of their dissatisfaction the plaintiffs did not pay their 2015 annual body corporate levy. [6] The Body Corporate then took a successful case against the plaintiffs in the Tenancy Tribunal. Ms Tao appealed and thereafter took a number of other unsuccessful actions against the Body Corporate, its Chairperson and Strata.4 Ms Tao’s failure to pay her outstanding levies and subsequent awards of costs made against her ultimately resul...

5. [2024] NZEmpC 185 Greentree NM Catering Ltd (t/a Master Bao) v Wang [pdf, 184 KB]

   ...justice and the general principle that a successful litigant should be entitled to receive the fruits of its success. I accept that Ms Wang would suffer some adverse 9 Although dealing with an application to for an extension of time to file an appeal, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]. impact i...

6. Proactive Release-Sentencing Reinstating Three-Strikes Amendment Regulations 2025 [pdf, 195 KB]

   ...they know they face escalating penalties if they continue to offend. 13 The Act adds a power to summon an offender to be given a warning which was omitted at the time of sentencing, or to be given a substituted warning for a sentence imposed on appeal in the absence of the offender. The Act also provides for a warrant to arrest the offender to be given a warning if they fail to respond to the summons. I expect these orders to be rare. 14 The Regulations prescribe a summons and warrants...

7. [2024] NZEmpC 174 A Ifraz Investments Ltd v Jamal [pdf, 202 KB]

   ...Industrial Gases Ltd v Andersons Ltd [1970] NZLR 58 it has been accepted that if the application is to be successful, the applicant must commence by proving the three factors listed. [17] In Commerce Commission v Giltrap City Ltd, the Court of Appeal also addressed the need to stand back by considering whether the overall interests of justice would allow the case to proceed.5 [18] The issues of whether there is inordinate delay and whether that delay is inexcusable depend upon t...

8. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

   ...a duty of loyalty to act in the best interests of the beneficiaries. Trustees must not place themselves in a position where their duty and interest conflict. 3 Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17). 278 Taitokerau MB 86 Under the “self-dealing” rule, if a trustee sells trust property to themselves the sale is voidable as of right at the election of an affected beneficiary, no matter how fair the transaction. The...

9. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 494 Aotea MB 275 (494 AOT 275) [pdf, 209 KB]

   ...as a trustee. I am prepared to appoint these lawyers per s 70(3)(b) of the Act and to have their services paid for by the Courts special aid fund per s 98 of the Act, subject to approving estimates. These lawyers may also give advice about the appeal rights that both Tokoahu and Harvey have in respect of the rehearing decision and this decision not to recuse myself. [20] I also direct the lawyers appointed to assist both Tokoahu and Harvey in attending any online hearings and to l...

10. [2024] NZREADT 39 – Chen v REAA (22 October 2024) [pdf, 183 KB]

    ...the CPD requirements by the deadline. OUTCOME [31] The application is dismissed and the Registrar’s decision is confirmed. [32] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. __________________ D J Plunkett Chair ___________________ G J Denley Member ___________________ P N O’Connor Member 6 Real Estate Agents Act 2008, s 154. 7 Section 37(1)(d). Int...