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1. Morton v Marshall [pdf, 46 KB]

   ...error or omission on the part of the company, even though that party does not, or did not, have a contract with the company. [23] Over the years the issue has come up in a number of “building defect” cases and been considered by our Court of Appeal. I do not think it will be helpful in this particular case to go through all the relevant decisions and come up with a detailed legal analysis. The important issue here is to provide the (self- represented) parties with a legally s...

2. Hall v Opepe Farm Trust (2010) 22 Waiariki MB 47 (22 WAR 47) [pdf, 131 KB]

   ...the reports that have been filed with the Court, have amassed a considerable amount of institutional knowledge as to the current operation of the Trust and the challenges mentioned. [12] In this context I refer to the decision of the Court of Appeal Clarke v Karaitiana .7 In that judgment the Court refused an application for a stay while an appeal was pending to the Court of Appeal from the Māori Appellate Court. The Court noted that there were “pressing business decisions t...

3. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

   ...the evidence which WHCL now wishes the Court to consider could and should have been provided to the Authority. He says it would be an abuse of process to now allow the evidence that should have been called in the first instance, to be called on appeal. In effect he suggests this would amount to an unjustified second bite of the cherry. [25] WHCL opposes the application by asserting that it became evident after the event that incorrect evidence was provided by Mr de Buyzer to the...

4. [2021] NZACC 28 - Williams v ACC (4 February 2021) [pdf, 171 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 28 ACR 323/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JOSHUA WILLIAMS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 26 November 2020 Heard at: Dunedin/Otepoti District Court Appearances: Mr E Williams, advocate for the appellant Mr I Hunt fo...

5. Brown v Christchurch City Council [pdf, 38 KB]

   ...to the interpretation of 6.2(5)(d), the relevant clause in the Brown claim. 6 Approach to interpretation of contractual term 13. In Pyne Gould Guinness Limited v Montgomery Watson (NZ) Ltd [2001] NZAR 789, the Court of Appeal at [29] said: "The proper approach to take to interpreting a contract is to consider the words of a contract, ascertain their natural and ordinary meaning in the context of the document as a whole, then use the factual backgroun...

6. [2016] NZEmpC 49 Mercer v McIntyre [pdf, 151 KB]

   ...9,322.37 $10,083.33 $760.96 4/05/2015 9,244.52 $10,083.37 $838.85 $115,916.62 $121,000.00 $5,083.38 Legal principles [10] The application of the contra proferentem rule was considered relatively recently by the English Court of Appeal in Hin-Pro International Logistics Ltd v Compania Sud Americana De Vapores. 3 The Court noted that: "The rule invites a construction adverse to the proferens where the clause is ambiguous". 4 It cited with approval the f...

7. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...Introduction [1] In its decision of 30 May 2019 this Tribunal found the practitioner guilty of one charge of misconduct. The charge was founded upon nine particulars and the Tribunal found each of those particulars to have been proven. [2] On appeal the High Court upheld the finding of misconduct, but dismissed three particulars, and found two of the nine to be at the level of unsatisfactory conduct, leaving four particulars confirmed as “disgraceful or dishonourable”,1 and t...

8. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...was only three months into her working career when the conduct under consideration occurred. [8] In early October 2019 Mr Z, Ms Paulson Wilson’s employer received a request from a relative of Prisoner X seeking legal advice regarding a possible appeal against conviction and sentence. Mr Z instructed Ms Paulson Wilson to attend upon Prisoner X and obtain his instructions. Her visit occurred on 15 October 2019 but following a review of the file note prepared by Ms Paulson Wilson,...

9. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

   ...was not the case. The first agreement fell through and the second was in different terms (including as to purchase price), different lawyers were acting for the vendor, separate and distinctive work was performed. (c) She relied on a Court of Appeal view of what was meant by “special circumstances”, relying on that decision as authority for the proposition that the circumstances had to be “abnormal, uncommon, or out of the ordinary”.3 (d) The “rendering (of) invoices wh...

10. Te Manutukutuku Issue 4 [pdf, 3 MB]

    ...demonstrated that what is happening in New Zealand is neither radical nor novel but reflectIVe of a world trend - and their audience at Rotorua was not restricted to Maori tribal leaders. Also attending the hui were the President of the New Zealand Court of Appeal, judges of the High Court and key per­ sonnel from central and local government. Various of the overseas speakers were also to attend mini con­ ferences arranged by the NZ.Planning Council and Waikato Uni­ versity and to meet...