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...basis for departing from the ordinary rules where the proceedings were difficult and hard fought, and where the applicants succeeded in the 10 [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) 11 (2001) 13 Täkitimu Appellate MB 184 (13 ACTK 184) 12 (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64) 13 (2008) 11 Waiariki Appellate Minute Book 249 (11 AP 249) 32 Tākitimu MB 180 face of serious and co...
...3 50 Ruatoria MB 6 (50 RUA 9). 4 51 Ruatoria MB 167 (51 RUA 167). 5 55 Ruatoria MB 162 (55 RUA 162). 38 Tairawhiti MB 277 notwithstanding the making of the orders those unhappy with the order could apply for rehearing or an appeal. [10] The applications came before the Court again on 30 August 1999. 6 Judge Isaac accepted John Dewes oral application for a rehearing of Harata’s partition and adjourned his occupation application. [11] On 31 August 1999 7 , t...
...of same on him to respond. We shall then direct the Registrar to convene a short hearing at which we shall impose the penalty we consider appropriate. [35] 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 ______________________________ Mr J Gau...
...registered the certificate of title issued in favour of Kereti Scott and Hera Scott. Hera Scott transferred her share to Kereti Scott in 1960 and Kereti Scott became the sole owner of the land, which the lower Court determined to be European land. On appeal the Māori Appellate Court stated: What is necessary to have been vested is the land, the whole of the land in the title, and not merely an undivided interest therein. [29] The Court went on to state that: Wherever land is def...
...by the procedures set out in the legislation under which the lawyer has been appointed. 6.9 Upon delivery of judgment, the lawyer’s appointment will continue: (a) for 28 days in order to advise on the merits of an appeal (s 9B(d) FCA) ; and (b) in COCA cases to comply with s 55(4). 6.10 Each Court will maintain a register listing each appointment of a lawyer, the date of appointment, ...
...advised D S that the residence application for Ms K had been approved in principle so as to obtain from her the sum of $20,000 for fees; 10.3 He falsely advised DS that the residence application had subsequently been declined and that he had sent an appeal to the Minister of Immigration to intervene in the case; 10.4 He falsely advised DS that he was awaiting correspondence from the Minister of Immigration. [14] Having heard from the Law Society in respect of this complaint Mr...
...Court in Leary, and look forward when making a value judgment as to whether or not the respondent was a fit and proper person to practise as a barrister and solicitor, and not focus on his misconduct. [10] In Leary, the High Court allowed an appeal against the refusal of an application made by a former legal practitioner for restoration to the roll. The restoration applicant was restored to the roll on the basis that the consideration of whether or not he was a fit and proper pe...
...4 CAC v Hume [2013] NZREADT 91. 5 REAA v Brankin [2013] NZREADT 32. 9 [26] For this reason we dismiss the charges against Mr Scheirlinck and Mr El- Ghalayini. [27] The Tribunal reminds parties of the appeal provisions in s 116 of the Real Estate Agents Act 2008. ______________________________ Ms K Davenport QC Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C Sand
...earlier position that such evidence was only admissible when the words of the agreement were ambiguous or unclear. Indeed, the current state of the law appears to be that in all cases such reference is possible and even desirable. The Court of Appeal has developed the following approach in contract cases. One looks first at the words used — they must obviously be the starting point — and then at the surrounding circumstances to make sure that the first impression of the meaning...
...for the purposes of the proceeding only and for no other purposes. If copies of such documents have been made available, those copies must be returned within 28 clear days after the conclusion of the proceeding or the conclusion of any related appeal. Copies of copies must not be retained by the party to whom those copies were made available. The information contained in any documents so disclosed but not used in evidence in the proceeding must remain confidential to the party wh...