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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 64 READT 001/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN BEVAN GOODE Appellant AND THE REAL ESTATE AGENTS AUTHORITY (per CAC 20002) First respondent AND JULIA ASHMORE-SMITH Second respondent AND JOHN McFADDEN (GOLD REAL ESTATE GROUP LTD) Third respondent AND JO CLIFFORD (HARCOURTS GROUP LTD) Fourth respondent MEM...
...principles regarding the exercise of a jurisdiction to award costs against non parties was authoritatively and fully discussed by the Privy Council in Dymocks Franchise Systems (NSW) Pty Ltd v Todd (No 2);21 and in the subsequent English Court of Appeal judgment of Goodwood Recoveries Ltd v Breen.22 In this jurisdiction, the leading judgment is that of the Court of Appeal in Kidd v Equity Realty (1995) Ltd.23 [74] It is appropriate to refer, first, to the dicta of Lord Brown of E...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 48 READT 006/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN BARFOOT & THOMPSON LTD Appellant AND THE REAL ESTATE AGENTS AUTHORITY (per CAC 20003) Respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Mr G Denley - Member HEARD at AUCKLAND on 10 June 2014 DATE OF THIS DECISION 8 July 2014 COUNSEL...
...had complained that the release of that information was of itself unprofessional and the Committee did not deal with that part of the complaint; • the Committee failed to decide whether it was possible to enforce a judgment that was under appeal; and • the Standards Committee had erred in not finding that the respondents had been in breach of their professional obligations in obtaining and serving the bankruptcy notice. In this the Committee wrongly took into account t...
[2016] NZSSAA 081 Reference No. SSA 049/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Auckland against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at AUCKLAND on 28 July 2016 APPEARANCES The appellant in person Ms N Jaura for the Chief Executive of...
BEFORE THE ENVIRONMENT COURT Before: Held: Appearances: Introduction IN THE MATTER of the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN BLUESKIN ENERGY LIMITED (ENV-2016-CHC-047) Appellant AND DUNEDIN CITY COUNCIL Respondent Environment Judge J E Borthwick in Dunedin on Friday 10 March 2017 at 2.00 pm Ms B Irving, Mr C Hodgson and Mr W Anglin for Blueskin Energy Ltd Mr M Garbett for Dunedin City Council Ms S Peart for Ms J Ash...
...make such order in the premises as the circumstances of the case may require: provided that no such order shall— 5 Manning – Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215). 6 Tataurangi Tairuakena v Carr [1927] GLR 369. 7 Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C Block [2014] Māori Appellate Court MB 249 (2014 APPEAL 249) and Proprietors of Mangakino Township v Māor...
...each case the Court considered the equitable claim simultaneously with the survivorship claim and ultimately imposed the equitable remedy of constructive trust. This aligns with the generally understood tenant of equity set out by the Court of Appeal in Fortex Group Ltd (in receivership and liquidation) v MacIntosh: 16 How then is it said that the plaintiffs by means of equitable remedy of constructive trust can prevail, pro tanto, over the legal rights of the secured creditors? E...
...approval is obtained Road, 4 [10] Importantly for the purposes of determining this interim application, the first, second and third respondents do not challenge these abatement notices. Their counsel advised that they would not be lodging any appeal against these notices. Instead, he advised that they had already lodged an application for resource consent which would address these issues and which was presently being processed by the fourth respondent. Interim Enforcement Or...
IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2021] NZEnvC 012 IN THE MATTER OF an appeal pursuant to s 120 of the Resource Management Act 1991 BETWEEN AND AND AND RICHARD JAMES DA VIS (ENV-2018-WLG-130) Appellant GISBORNE DISTRICT COUNCIL Respondent GISBORNE PISTOL CLUB IN CORPORA TED Consent Holder DAVID DUNBAR BRUNO HAAG ROB I<ARAITIANA Section 27 4 parties Court: Environment Judge MJL Dickey sitting...