ENVC Rena appeal AKL 000043 Te Runanga o Ngai Te Rangi 2016 [pdf, 943 KB]
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...of the interests of justice: An Employee v An Employer [2007] ERNZ 295. [3] A helpful set of criteria providing useful headings can be extracted from Day v Whitcoulls Group Ltd [1997] ERNZ 541: (1) The reason for the omission to bring the appeal within time. (2) The length of the delay. (3) Any prejudice or hardship to any other person. (4) The effect on the rights and liabilities of the parties. (5) Subsequent events. (6) The merits. [4] It is accepted that this is...
...award a penalty against Mr Pipes for this feature of the case, I nevertheless consider that it may properly be addressed by way of costs. It was conduct that affected, or may have affected, the hearing of Ms Raymond’s case from which this was an appeal. [10] In Binnie v Pacific Health Ltd [2002] 1 ERNZ 438, the Court of Appeal commented upon indemnity costs in Employment Court litigation giving, as an example, the conduct of a losing party as a relevant factor in determining whet...
...18 July 2011, that the preparation of a joint expert’s report would take between three and six months to complete. [10] As it was, one of the other directions contained in the order of 1 March 2013, a direction fixing security for costs, was appealed by the plaintiff to the Court of Appeal. 7 The appeal was dismissed but subsequent complications arose with various 4 Commerce Commission v Cards NZ Ltd (No 2) (2009) 19 PRNZ 748 at [...
Decision No: [2012] NZREADT 46 Reference No: READT 016/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN GRANT CAMPBELL TUCKER Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20006) First Respondent AND GLENIS CLAYDON Second Respondent AND BRYAN RICHARDSON Third Respondent BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Ms K Davenport - Chairperson Mr J Robson - Member Mr G Denle...
...either an increase or decrease are assessed. 3 A rule as to costs in cases involving a dispute? [6] Ms Muir, counsel for the defendant, submits that the general approach to costs which can be drawn from the established trilogy of Court of Appeal cases (namely Victoria University of Wellington v Alton-Lee, Binnie v Pacific Health Ltd and Health Waikato Ltd v Elmsly 4 ) should apply to a determination of costs in the present case. Mr Mitchell, counsel for the plaintiff, rejects...
...of $100,000 or both for knowing offending, and a fine of up to $100,000 if the knowledge element is absent. The Courts have treated the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court. 1 [12] Section 63 of...