Search Results

1. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...Witcombe’s solicitors or that might even have been pending was, at best, a secondary purpose of the first and second preliminary draft reports prepared by Mr Beattie. [34] Mr Gunn for the Clerk relied on a subsequent judgment of the Court of Appeal in which the Guardian Royal Exchange dominant purpose test was affirmed and 1 Guardian Royal Exchange Assurance of New Zealand Ltd v Stuart [1985] 1 NZLR 596 (CA) developed. I...

2. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT Decision No. [2017] NZEnvC 174 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN NEW ZEALAND TRANSPORT AGENCY (ENV-2016-CHC-27) Appellant AND MARLBOROUGH DISTRICT COUNCIL Respondent AND J M &A P LIMITED Applicant Court: Environment Judge J R Jackson Environment Commissioner K Edmonds Environment Commissioner R Howie Hearing: In Blenheim on 31 May & 1, 2 June 2017 (Final submissi...

3. [2022] NZEnvC 146 Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council [pdf, 638 KB]

   Te Runanga o Ngai Te Rangi Iwi Trust v Bay of Plenty Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 146 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 BETWEEN TE RŪNANGA O NGĀI TE RANGI IWI TRUST (ENV-2022-AKL-000014) Appellant AND BAY OF PLENTY REGIONAL COUNCIL Respondent AND BAY OF PLENTY REGIONAL COUNCIL - INTERGRATED CATCHMENTS GROUP Applica...

4. [2006] NZEmpC AC 53A/06 Graham v Crestline Pty Ltd [pdf, 26 KB]

   ...successful and the case has concluded. [3] Crestline’s claim to $26,577.84 as a contribution towards its legal costs is said to represent 80 percent of those actual costs. Both parties accept and rely on the leading judgment of the Court of Appeal in this area in Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 which requires the Court to assess, first, whether the costs actually incurred were reasonably incurred and, second, the reasonable contribution to those reasonable...

5. [2012] NZEmpC 177 Rimene v P J Doherty & Natusch Group Ltd [pdf, 61 KB]

   ...sum of $25,399.13. [7] In an affidavit in support of Mr Rimene’s application for leave to apply out of time, Ms Kay-Anne van Zyl, a law clerk employed by Mr Rimene’s solicitors, deposed: 3. The Applicant indicated to us that he would appeal certain parts of the Determination shortly after it was issued. A Statement of Claim was drafted and instructions were finalised to file at the Employment Court. 4. The Registrar has advised that the Statement of Claim should have...

6. [2015] NZEmpC 129 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 87 KB]

   ...memorandum explaining the situation from its point of view. 13. Any such memoranda must be filed urgently (and in particular by 4pm on Wednesday 29th July 2015) in view of the imminent fixture. [3] On the afternoon of 29 July 2015 the Court of Appeal dismissed the plaintiff’s application for leave to appeal against this Court’s earlier refusal to adjourn the fixture set down to begin on 10 August 2015. 1 In these circumstances, the fixture is set to proceed. [4] Having rec...

7. [2014] NZEmpC 156 Rolling Thunder Motor Company Ltd v Kennedy [pdf, 60 KB]

   ...required to consider an application to strike out the proceeding on the basis that the Court lacked jurisdiction to hear it. Judgment on that issue was issued on 19 August 2010, with the Court dismissing the application. 3 Thereafter the Court of Appeal considered an application for leave to appeal. In its judgment of 6 December 2010, leave was declined; 4 the Court held it was premature for it to consider the matter until there were factual findings so that it could consider w...

8. CAC 20007 v Marshall [2013] NZREADT 61 [pdf, 28 KB]

   ...written notice of its decision and (a) include in the notice the grounds for the decision, the date on which the suspension takes effect, and the period or duration of the suspension; and (b) specify in the notice the right of the licensee to appeal to the High Court under section 116.” Discussion [7] The pre-requisite to ordering interim suspension is that the licensee has been charged under s.91 (refer s.115(1)(a)). The ground for interim suspension is set out in s.11...

9. Te Rongomau v Nikau - Whangape Parish Lot 23B (2011) 28 Waikato Maniapoto MB 95 (28 WMN 95) [pdf, 81 KB]

   ...64 (15 WGAP 64), Vercoe v Vercoe (2004) 10 Waiariki Appellate MB 263 (10 AP 263), Samuels v Matauri X (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216) and Phillips v Trustees of Mohaka A4 Trust (2010) 2010 Maori Appellate Court MB 425 (2010 APPEAL 425). These decisions are authority for the following general principles: a) The Court has a broad discretion in the award of costs; b) Costs follow the event and a successful party should be awarded a reasonable contribution to the...

10. Ms N v REAA & Mr X [pdf, 27 KB]

    ...and Thompson not Ms N’s agency was the agency acting on the transaction. The Tribunal accordingly reverses the decision of the Committee to make orders against Ms N under ss 134 and 135 of the Real Estate Agents Act. [7] The real issue in this appeal is whether or not the disclosure made by Ms N in writing complies with s 136. s 136 of the Act provides: Disclosure of other benefits that licensee stands to gain from transaction 1. A licensee who carries out real estate agency...