Search Results

1. [2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 244 KB]

   ...delay matters, and cause prejudice to NZTG. This likelihood is apparent from the fact they have: a) ignored cease and desist letters; b) been served with an injunction which has largely been ignored; c) filed a stay application and filed an appeal to the interim injunction order; and d) sought to delay the substantive proceeding until the New Year, knowing full well that any delay is only going to benefit them and ETL, to the detriment of NZTG. [34] I am persuaded that it is...

2. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...Where evidence is considered, that will not normally occur if it is inconsistent with the pleadings. That is because a strike out application is dealt with on the basis that the plaintiff is able to prove the pleaded facts. However, the Court of Appeal has acknowledged that there may be cases where a factual allegation is so demonstrably contrary to indisputable fact that the matter ought not to be allowed to proceed further. The submissions [24] In summary, Ms Sharma’s subm...

3. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

   ...decision in Lagolago9 emphasised the broad discretion of the Tribunal as to costs, reflecting as that does the special role of disciplinary proceedings, which are otherwise funded by the profession and are brought in the public interest. The Court of Appeal subsequently upheld a refusal of costs on an otherwise “successful” appeal.10 [50] We accept the Standards Committee submission that “misconduct” was certainly arguable on the facts of this case, in respect of Charge 1....

4. D J Bethell Family Trust - Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust (2019) 408 Aotea MB 210 (408 AOT 210) [pdf, 188 KB]

   ...duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [31] The leading authorities on the removal of trustees are the Court of Appeal judgments Rameka v Hall Naera v Fenwick and Adlam v Savage.5 I adopt the reasoning set out in those decisions. Discussion [32] One of the key problems that has faced this trust has been the ongoing failure by the trustees to f...

5. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

   ...circumstances, scale costs should be reduced by 50 per cent for this reason. [36] In my view, such a reduction is excessive. Standing back, I consider a 30 per cent reduction is appropriate. Calderbank offers [37] The judgment of the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.16 14 Zhang v Telco Asset Management Ltd...

6. Cock - Succession to Paora Kingi [2020] Chief Judge's MB 50 (2020 CJ 50) [pdf, 278 KB]

   ...Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. 10 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 11 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 60 Take A - Issue A [16] I agree with the contents of the Registrar’s report and the conclusion that the application should be dismissed. [17] At this point it seems very clear that the appl...

7. LCRO Annual Report 2019 [pdf, 271 KB]

   ...power now accorded to the LCRO to direct, in circumstances where the LCRO considers it appropriate, that a review be conducted on the papers. The LCRO continues to post a number of decisions on the LCRO website. Whilst there is no right of appeal from a decision of the LCRO, decisions are open to being judicially reviewed by the High Court. In the reporting period, three decisions were judicially reviewed. As a percentage of decisions Annual Report 2019 | Legal Complaints Re...

8. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...dispute this. [13] It is therefore appropriate for me to exercise my jurisdiction, in the interests of justice, to correct those errors. 2 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2018 Chief Judge’s MB 286 Orders [14] Accordingly, I make the following orders pursuant to Te Ture Whenua Māori Act 1993: (a) Section 44(1) amending the succ...

9. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly...

10. Dr Nicholas Tony Shears - Evidence in Chief [pdf, 485 KB]

    BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under Clause 14 of the First Schedule of the Act BETWEEN TRUSTEES OF MOTITI ROHE MOANA TRUST AND Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent -· STATEMENT OF EVIDENCE OF DR. NICHOLAS TONY SHEARS ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stan beth House 28 Customs...