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1. Wihongi v Samson - Otarihau 2B1C [2018] Māori Appellate Court MB 469 (2018 APPEAL 469) [pdf, 317 KB]

   ...return of those shares. She argued that Thelma and Sam had an arrangement that, once he obtained a house site on the land, the shares would be returned. [2] On 29 March 2018, Deputy Chief Judge Fox dismissed that application.1 Ms Wihongi now appeals that decision and, through her counsel, Messrs Tupara and Hirschfeld, asks that the case be referred back to the Māori Land Court for a rehearing. The issue in this case is whether the appeal should be upheld. [3] The respondents,...

2. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 44 READT 047/17 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MAXWELL VERTONGEN Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 413) First Respondent AND JAMES DUNLOP Second Respondent Hearing: 9 August 2018, at Wellington Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Ms N Dangen, Member...

3. [2022] NZEmpC 88 ABC v DEF [pdf, 234 KB]

   ...impracticable or inappropriate to make a direction that the parties mediate. 1 ABC v DEF [2021] NZEmpC 208 at [38]. [3] I reserved costs and directed the parties to discuss this topic in the first instance. Application for leave to appeal [4] ABC subsequently applied to the Court of Appeal for leave to appeal. In a judgment issued on 28 April 2022, the Court of Appeal declined the application for leave.2 [5] The Court of Appeal held that interpretation issues which AB...

4. SD v NB & JC Ltd [2021] NZDT 1711 (9 June 2021) [pdf, 200 KB]

   ...who suffered the loss or damage. 12. In this case, NB was at all times dealing directly and personally with SD – he was one of two directors of the company but appeared to be the only person carrying out work for the company. Furthermore, he appealed to SD on a personal basis for payments to be made before they were due, citing the particular circumstances and needs of his child/ren and family, and I find on the balance of probabilities that he must have known that he had either no...

5. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

   ...decision merges those rights to produce the final outcome of the dispute. This extinguishes the prior rights and bars the parties from re-litigating the outcome.1 10. The reasoning behind the doctrine is that litigation should be final (barring an appeal) and to protect the integrity and efficiency of the justice system. 11. The doctrine prevents a party from bringing a claim once that particular claim has been subjected to a final judgment by a Court or Tribunal of competent juris...

6. Glossary of terms

   ...questions in court to support their case. Expert witness A person who is a specialist in a subject who may present his or her expert opinion, without having witnessed the actual criminal event. File To file a document with a registry of the High Court. First appeal The first time you appeal a decision of a court. First appeal court The level of court that decides the first appeal. Further appeal When you appeal the decision made by the court that heard the first appeal. For example, if you appe...

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7. CPA Form 8 Notice of application for leave to refer question of law by Solicitor-General [pdf, 13 KB]

   Form 8 NOTICE OF APPLICATION FOR LEAVE TO REFER QUESTION OF LAW BY SOLICITOR-GENERAL Subpart 11, Part 6, Criminal Procedure Act 2011 In the Court of Appeal of New Zealand Solicitor-General reference Proceeding in which the question of law arose: ………………….…………………..………………………………………………………….. ………………………………………………………………………………………………….. Court i...

8. [2015] NZSSAA 028, 22 April [pdf, 40 KB]

   [2015] NZSSAA 028 Reference No. SSA 167/14 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr R D Burnard − Chairperson Mr K Williams − Member Lady Tureiti Moxon − Member HEARING at WELLINGTON on 13 April 2015 APPEARANCES Mr G Howell – for the appellant Ms E Kirkman for Chief Executive of the Mini...

9. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 351 (2017 APPEAL 351) [pdf, 288 KB]

   ...ON COSTS Copies to: J Kahukiwa, Corban Revell Lawyers, DX DP92558 K Dixon/W Rihaka, Dixon & Co Lawyers, PO Box 10 081 2017 Māori Appellate Court MB 352 Introduction [1] This appeal was dismissed on 8 June 2017. Counsel were invited to exchange submissions on costs and these were filed on 8 August and 6 September 2017 respectively.1 [2] The appellant is legally aided.2 Pursuant to s 45(2) of the Legal Services Act...

10. [2016] NZEmpC 64 McIvor v Saad [pdf, 95 KB]

    ...today in court to renew Mr Saad’s application for adjournment, Mr Saad is not here as the Court would have expected. [4] The judgment from which these various applications emanate was delivered on 19 August 2015. 1 Mr Saad is attempting to appeal that judgment but was initially out of time to do so and must therefore seek the leave of the Court of Appeal. [5] Ms Moncur has advised me today that, although she is not entitled to appear for Mr McIvor as she has in this Court as an...