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1. [2014] NZEmpC 101 Milne v Air New Zealand Ltd [pdf, 112 KB]

   ...Court, I decline her applications for variation. Applications to strike out [17] The defendant has applied to strike out both sets of proceedings on largely (although not exclusively) overlapping grounds. Approach [18] The Court of Appeal has confirmed in New Zealand Fire Service Commission v New Zealand Professional Fire Fighters’ Union Inc, that there is no reason for the Employment Court to approach strike out applications on any other basis than that applying in th...

2. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...(1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: 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 f...

3. Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75) [pdf, 126 KB]

   ...than that for which the proceedings are properly designed and exist, or where the plaintiff in the proceedings is seeking some collateral advantage beyond what the law offers. [37] Counsel also brought my attention to the decision of the Court of Appeal of England and Wales in Gilham v Browning, where May LJ noted: “There is a clear public interest, in addition to the interests of individual litigants, that litigation should be justly, speedily and economically conducted and to...

4. Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 Taitokerau MB 47 (57 TTK 47) [pdf, 347 KB]

   ...evidence presented in Cout1, and reject Waaka and Norman Popata's challenges to the vesting orders for the following reasons. [l7] First, there has never been any challenge to the vesting orders in the past. That is, there has never been an appeal or an application to the Chief Judge to cOlTect a "mistake". Thus, the transactions have remained unchallenged for over 40 years and are assumed to be conclusive: s 77 of the 1993 Act. [l8] Second, I reject Norman Popata&#...

5. Auckland Standards Committee v Whale [2014] NZLCDT 22 [pdf, 89 KB]

   ...practice in the future. [39] We do accept the submission that the practitioner has been responsible in entering an early plea, however it has to be said that given that this matter was preceded by the findings of the Tribunal, and the High Court on appeal, in Davidson there was no real defence available to him in any event, thus the credit for this plea ought not to be too weighty. Benefit to the practitioner will accrue from the reduced costs arising out of his admission of the ch...

6. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...facilitation of a dishonest scheme, it was a “one off” incident, there was no personal financial gain, and the Tribunal was provided with glowing references on the practitioner’s behalf. In short, a very similar situation to the current one. On appeal against the Tribunal’s decision to strike off the practitioner, a two years suspension was substituted by Peters J in the High Court. I discern no material features of this 9 Above...

7. Sionepulu v Downer and Police (Costs) [2012] NZHRRT 22 [pdf, 76 KB]

   ...to the Secretariat dated 15 August 2012 on the question of costs he asserted (inter alia): My wife and I (plaintiffs) have decided not to proceed nor participate in the discriminatory Palangi justice system in Auckland but will instead present our appeal to the Maori and Pacific Island radio and press media, and selected Members of Parliament. After wrongly asserting that a member of the Tribunal (Mr Musuku) “has a brother who works for the same law firm (Kensingtonswan lawyers) as...

8. BC v YT LCRO 215 / 2010 (1 April 2011) [pdf, 83 KB]

   ...that if a similar approach were to be adopted by the Respondent in his dealings with the Court, then the integrity of the justice system would be severely compromised. He was also critical of the Respondent for not providing a favourable Court of Appeal decision in respect of one of the cases referred to. The Applicant alleged that the Respondent was selective in what he supplied to the Law Society. [7] The Applicant is also offended by the accusations made by the Respondent, and...

9. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

   ...compensation for stress and disruption to his affairs. The ability to compensate for anguish and distress in the lawyer client relationship has been recognised in a number of cases, most recently Heslop v Cousins [2007] 3 NZLR 679. The Court of Appeal has recognised that such distress damages are compensatory in nature: Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 (CA) at para 171. Given the purposes of the Lawyers and Conveyancers Act (which in s 3(1)(b) inclu...

10. Halesowen v Kelso LCRO 175-176 / 2009 (18 November 2009) [pdf, 91 KB]

    ...dispute relating to the appointment of trustees are now before the Mäori Appellate Court. However, this does not affect the conduct of this matter before the Standards Committee. The comments of the judge in relation to Ms Halesowen are not under appeal (and are now well over a year old). Those comments were supported by concerns raised by Mr XX. It was entirely appropriate for the Committee to act on the basis of those comments in commencing an inquiry. [25] It was also suggested...