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  1. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

    ...for the Phillips whānau. As a matter of law, it is part of the land and ownership of the house presently resides with the 10 Tihi v Nuku – Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38, 79 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25] summarising Ngā Uri a Maata Ngapo Charitable Trust v McLeod – Harataunga West 2B2A1 (2012) 49 Waikato Maniapoto MB 223 (49 WMN 223) and Skipper v Skipper – Awanui Haparapara 9 (2017) 159 Waiariki MB 3 (159 WAR 3). 11...

  2. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

    ...principles to apply. Interim injunction principles [12] There was no dispute about the principles to apply in considering the plaintiff’s application. They were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd where the Court of Appeal said:1 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolou...

  3. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

    ...with our obligations under the Lawyers Conduct and Client Care Rules 2008. Nature and scope of review [53] The High Court has described a review by this Office in the following way:27 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

  4. LCRO 13/2024 OB and HG v NC (12 June 2024) [pdf, 228 KB]

    ...The balance funds of the estate were distributed to the applicants shortly after the High Court held that no interest was owing, meaning that the estate had no potential liability for income tax on interest income. 2 So named for the Court of Appeal decision in Re Marshall (deceased) [1965] NZLR 851. 5 [25] The applicants as beneficiaries were dissatisfied with the manner in which the estate had been administered by the respondent as executor and with the quality and value of th...

  5. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 035 ACAR 268/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LINDA MARTIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 February 2025 Heard at: Wellington/Te Whanganui-a-Tara. Appearances: Appellant is self-represented Mr Gee for the respondent Judgment: 26...

  9. [2007] NZEmpC AC 27/07 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 36 KB]

    ...compensatory awards. I accept, however, that improper conduct in the course of litigation may be, and indeed often should be, reflected in costs: Paper Reclaim Ltd v Aotearoa International Ltd unreported, 14 March 2006, CA 70/04. As the Court of Appeal indicated in Binnie v Pacific Health Ltd [2002] 1 ERNZ 493, awards of indemnity costs are not confined to extraordinary cases in which the unsuccessful party’s case was wholly lacking in merit and the pursuit of the litigation cou...

  10. [2011] NZEmpC 104 Creedy v Commissioner of Police [pdf, 92 KB]

    ...his career as a police officer have already been the subject of decisions and judgments in the Employment 1 AA491/10, 22 November 2010. Relations Authority, 2 this Court, 3 the Court of Appeal, 4 and the Supreme Court. 5 The outcome of that litigation was that Mr Creedy was found to have failed to raise his personal grievance of unjustified constructive dismissal with his employer within the statutory period and was un...