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1. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

   ...the house was to be rebuilt or repaired. 4 (The assessor’s comments indicate that the claim as pleaded was one for the cost of rebuilding the house). [15] The respondent issued four invoices: (a) Invoice [XXX1] dated 27 February 2017 for fees of $5,000 plus GST, for a total of $7,105.95 including GST and disbursements; (b) Invoice [XXX2] dated 2 July 2018 for fees of $25,000 plus GST, for a total of $28,782 including GST and disbursements; (c) Invoice [XXX3] dated 17 July...

2. NM & B Ltd v J Ltd & RJ Ltd [2021] NZDT 1662 (9 August 2021) [pdf, 240 KB]

   ...the time the roadway was constructed? b. If so, was the damage caused wholly or partially by the roadworks? c. If caused partially, in what proportion did the roadworks contribute to the damage? 12. NM must prove all elements of the claim to the civil standard of the balance of probabilities, i.e., more likely than not. 13. J LTD has provided statements by NM and Mr F (the neighbour at [Street address A]), a witness statement from a visitor Ms E, a report from the loss adjuster Mr Y...

3. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

   ...representative. EQ confirmed at the hearing that Q Ltd does not have insurance to cover the claim. Onus of Proof CI0301_CIV_DCDT_Order Page 2 of 8 5. An applicant seeking a remedy in the Tribunal has the onus of proving his or her claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). When assessing whether the onus of proof has been discharged by an applicant, I need to consider and evaluate the evidence presente...

4. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...However Maritime New Zealand indicated that a High Court order was needed to amend the Register of Ships to record Company 1 as the owner. [5] Mr RG declined to issue the appropriate High Court proceedings because Company 1 would not pay its fees in full. Law Firm 1 obtained judgment against the company for the unpaid fees, but the judgment was later set aside without opposition. Company 1 has counter-claimed in negligence against the firm and both proceedings have been stayed to a...

5. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...property comprises two cross lease composite freehold/leasehold titles (the Property). [2] The appellants have appealed part of Auckland Council’s decision granting resource consent to convert the two cross lease titles for the Property to two fee simple titles subject to conditions (Subdivision appeal). The appeal seeks that conditions 8 and 9 of the resource consent relating to wastewater and stormwater be deleted. [3] The appellants’ agent Development Partners Managemen...

6. Affidavit accompanying Jumpjet's Application to Strike Out (17 November 2018) [pdf, 3.1 MB]

   ...John Kile, acting for Jumpjet Holdings Limited, have tabled a Notice of Application to Strike Out the Direct Referral proceedings made by the Applicant, Wellington International Airport Limited. (WIAL) 2. We note that the position of head of the Civil Aviation Authority (CAA) is the Director. 3. The Court granted deferment to WIAL until the 31 October 2018 in the 19th Minute of the Court with reference to the proposed Runway End Safety Areas (RESA) at Wellington Airport on 20 April...

7. [2011] NZEmpC 45 Bachu v Davie Motors Ltd [pdf, 78 KB]

   ...substantial contribution to costs but concedes that the matter is the subject of the Legal Services Act 2000. Section 40 of that Act states as follows: 40 Liability of aided person for costs (1) If an aided person receives legal aid for civil proceedings, that person's liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all t...

8. TTMR-Application-form-Approved-TM.pdf [pdf, 222 KB]

   ...(Selfies will NOT be accepted) • A coloured copy of your current Australian registration documents (copies of your identification badge (front and back) • If applicable, specify any conditions imposed on your Australian registration. • The fee for filing this application (see below) Completing this form • You can fill in this form electronically. If you do, you must print, sign, and submit it to the Authority. • You can also print and fill in this form by hand. Use...

9. BORA Family Court Proceedings Reform Bill [pdf, 326 KB]

   ...encourage faster, less adversarial and less costly resolution of family disputes. To this end, the Bill restricts the role of legal and other professionals in certain proceedings, places prerequisites on certain applications, and imposes additional fees and costs. 3. A number of the proposals engage s 27 of the NZBORA. We consider that there are however sufficient exceptions, and sufficient protections in the system as a whole, to avoid any breach of that right. Right to justice...

10. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

    ...subsequently produced accurate translations of qualifications. [13] They eventually made their own inquiries with Immigration New Zealand and discovered the advice they received from Ms SH was not accurate. 3 [14] They sought a refund of fees to the extent fees have not been used and compensation for the expense of the unnecessary NZQA assessment of $1,540. The response [15] Ms SH responded to the complaint by letter dated 29 April 2011 sent to the Authority. [16] Ms...