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1. Recording Industry Association of New Zealand v Teleom NZ 2592 [2013] NZCOP 1 [pdf, 75 KB]

   ...of $1.79/$2.39 each.” [21] The Applicant submits that the proper approach is for the Tribunal to read r.12(2)(a)(i) as giving it a mandate to “determine a sum” with reference to the reasonable cost of purchasing a copy of the work. After careful consideration of this issue, the Tribunal is unable to accept the Applicant’s submission. The Tribunal considers that the number of downloads flowing from a work being uploaded is not relevant to the Tribunal’s determination under r...

2. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...only partially successful, it ought to have a contribution to the costs it had incurred, which were said to amount to over $18,000 plus GST. [8] The Authority found that it was understandable that Ms Nee had wanted to be certain that she could protect herself from the employer’s claims, although they were completely fanciful; allowance for that factor was provided for in fixing costs. The Authority also held that there was simply no evidence that BHPL had incurred $18,000 plus...

3. CAC 10054 v Subritzky [2012] NZREADT 19 [pdf, 129 KB]

   ...messages originated from my phone, in no way am I admitting that I am the author of those text messages. I would also like you to take into account when considering my case: a. My unblemished record to date within the real estate industry, a career spanning nearly a decade and hundreds of vendors and buyers, something that I could not accomplish especially over the last few difficult years if I acted unprofessionally in any manner.” The Evidence [6] The complainant, Mr Ste...

4. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...facilitator. I note Mr Akuhata-Brown’s comment at the hearing that he might contemplate filing an application for the 31 Tairawhiti MB 100 removal of trustees. As I also underscored at the hearing, it would be prudent for all trustees to carefully consider involving the trust in further litigation without exhausting all other avenues to attempt to settle any issues that may remain unresolved. Certainly the trustees can seek the directions of the Court from time to time...

5. AL v ZO LCRO 24 / 2010 (27 August 2010) [pdf, 100 KB]

   ...conflict „event‟ (discovery of the access problem) arose about 10 days prior to the scheduled settlement. The Practitioner ought then to have recognised that a conflict existed, and taken steps to ensure that the interests of both parties were protected. There was sufficient time to have arranged for the parties to have obtained independent legal advice as to their positions, and to have reached a basis for settlement. [23] There is no evidence to indicate that the Practitio...

6. JM v AHX [2011] NZIACDT 2 (21 January 2011) [pdf, 104 KB]

   ...advisers carry professional obligations. They are personally responsible for the professional relationship, regardless of whether they are employees, or otherwise. [28] The purpose of the Act is set out in section 3, and it includes promoting and protecting the interests of consumers receiving immigration advice. [29] In this case, the Adviser allowed himself to be one of the two licensed advisers in the professional relationship with the Complainant. It follows he is responsible, alo...

7. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...Network Ltd [2002] 16 PRNZ 747 (CA). which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants must also be weighed. They must be protected against being drawn into unjustified litigation, particularly where it is over-complicated and unnecessarily protracted. [23] From the documents filed in this matter, I am not satisfied that the defendant has demonstrated tha...

8. Takarangi v Owens - Hautu 2B1B2A No 3 - (2018) 383 Aotea MB 50 (383 AOT 50) [pdf, 371 KB]

   ...of interest of some $9,000. Once the results are known and notified to the Court then further directions will issue. The short point is that, in such circumstances, it is necessary that the current trustees and the Court ascertain and consider carefully the views of the owners before any final decisions as to the amount to distribute and the question of liability can be made. 9 Tupe Snr v Everton - Manunui No 1 4th Residue Ah...

9. Fredricsen v Hikuwai - Wainui D Block (2016) 143 Taitokerau MB 135 (143 TTK 135) [pdf, 212 KB]

   ...injunction, applicants must also fulfil the legal elements relating to the action of trespass before the Court will exercise its jurisdiction to grant the remedy. These elements are set out below: The action for trespass to land is primarily intended to protect possessory rights, rather than rights of ownership. Accordingly, the person prima facie entitled to sue is the person who had possession of the land at the time of the trespass. Actual possession consists of two elements: th...

10. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

    ...appellant is on the Roll of barristers and solicitors in New Zealand. If he chooses to live in New Zealand, he is entitled to apply for a practising certificate. Whether or not a certificate is granted is another matter. [47] The Tribunal has carefully considered the appellant’s submissions but finds they do not address the pivotal issue of whether or not he is a fit and proper person to hold a practising certificate. [48] The Tribunal concludes that that there is no evidence th...