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...plaintiff the total sum of $179,621.35, plus interest on the bonus payment. 10 Stormont v Peddle Thorp Aitken Ltd [2016] NZERA Auckland 79 (costs determination) at [11]- [13]. [19] The Court of Appeal’s judgment in Bluestar Print Group is generally regarded as the leading authority on the impact of settlement offers in this jurisdiction. There the Court observed that:11 It has been repeatedly emphasised that the scarce res...
[2016] NZSSAA 072 Reference No. SSA 010/15 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 10 August on 2015 APPEARANCES Graham Foster for the appellant Mr G Moore for the Chief Exec...
...decision given on 17 February 2014 Dr Jitendra Pal was ordered to pay Dr Waxman $7,084.00. [8] Because Dr Jitendra Pal believed the tribunal hearing had taken place in his absence (the originally notified date of hearing was apparently changed) he appealed to the District Court. In support of that appeal he prepared a detailed defence referenced to the Best Doctor documents downloaded on the practice computer and to 22 transcripts of the 27 telephone calls made by Dr Waxman while at the...
...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...
...serious negligence. Principles [26] In the decision of READ v Phillips3 the Tribunal considered the question of what type of conduct would qualify as "disgraceful". The Tribunal adopted statements by the New South Wales Court of Appeal in Pillai v Messiter. In Pillai v Messiter 4 the New South Wales Court of Appeal considered the statutory test of “misconduct in a professional respect” under the Medical Practitioners Act 1938 (NSW). Kirby P said (at 200):...
...been a disclosure of information leading up to an agreement, it is not open to the parties to then try and resile from such agreement. Moreover, 70 Tairawhiti MB 167 Mr Watson submitted further that the Court orders have not been subject to appeal and that any attempted appeal would now be out of time. [25] Counsel submitted that Bruce continues to be in contempt of the orders made by the Court and shows no indication that he intends to comply. Despite their appointments, Bruce...
...resource consent by the Queenstown Lakes District Council to establish and operate a helipad at 704 Malaghans Road, Wakatipu Basin.1 1 ENV-2018-CHC-299. SAVILLE v QLDC- ROBERTS- S120 DECISION 2 (2) The District Council's decision was appealed by Mr Roberts' neighbours and this decision determines a preliminary legal issue which the neighbours seek to have resolved prior to mediation and any hearing on the appeal. (3) The outcome of this preliminary legal matter is sa...
Haralua/Pipiri 1996 Number 37 May/ June 1996 Taranaki claims could be largest T he Taranaki claims, grouped to gether, 'could be the largest in the country', according to the interim Taranaki report. The report states that 'there may be no others where as many Treaty breaches had equivalent force and effect over a comparable time.' The Tribunal estimates the area of lands wrongfully expropriated at just under two million acres. The report also states that the
...to refund the purchase price to Mr P, together with associated costs.2 [8] Mr KP unsuccessfully appealed that decision to both the District and the High Courts. [9] Mrs F, then an associate in the law firm [lawfirm], represented Mr P in the appeals. Mr MM was the partner in that law firm responsible for supervising Mrs F’s work. [10] For one of the related proceedings (judicial review), Mr KP was represented by counsel. Otherwise, he represented himself. [11] Mr MM commenc...
...may be increased” subject to clarification about some of the damages claimed by the plaintiffs.5 [67] The judge reserved the question of costs in the proceedings. As I note further below, Mr TH was ordered to pay costs. [68] Mr TH lodged an appeal against the High Court’s [date] judgment, but as recently as on 14 July 2021, it was clear that the status of the appeal was, at best, uncertain. [69] The plaintiffs in the proceedings took steps to enforce their judgment, including...