Search Results

1. Hearn v Parklane Investments Limited [pdf, 178 KB]

   ...liability or in turn seek indemnity from others. PRELIMINARY ISSUES The Parties First and Tenth Respondents - Woodward Shelf Company No. 1 Limited and Mr Hayim Nachum [3] The first respondent, Woodward Shelf Company No 1 Limited, formerly Boulcott Investments Group Limited, previously known as Parklane Investments Limited (Parklane) was the previous owner and developer of the site on which the property is situated. Parklane took part in some of these proceedings,...

2. LCRO 161/2020 SE v GR (31 March 2021) [pdf, 305 KB]

   ...agreement for sale and purchase (the sale agreement) signed three months earlier on 3 March 2014 was subject to a finance condition being satisfied within “5 working days from the date of th[e] [sale] agreement”, and because the residential section formed part of land being subdivided, may also have been subject to a statutory condition.1 [4] At that time Ms SE was represented by another law firm, [Law Firm 2], who on 15 April 2014 forwarded a letter of engagement to Ms SE, and...

3. [2023] NZEmpC 218 Carrington Resort Jade LP v Knight [pdf, 146 KB]

   ...defendant was entitled to costs and timetabled an exchange of submissions. On 16 November 2023, the defendant sought costs on a Category 2B basis amounting to $4,302.2 1 Carrington Resort Jade LP v Knight [2023] NZEmpC 198. 2 The amount claimed is less than the defendant’s actual costs. [3] In response, Mr Tan accepted that Category 2B applies but four propositions were advanced that: (a) Carrington had applied in good faith and, even though it was ultimately uns...

4. EMPC - Pro bono assistance service application [pdf, 296 KB]

   Employment Court Pro Bono Assistance Service Application Form Information for applicants – please read before completing this form This form is for people who are representing themselves, or are represented by others who are non-lawyers, in employment proceedings before the Auckland Employment Court. The Employment Court Pro Bono Assistance Service (the Service) provides free assistance with preparation and filing of the initial Court documents (either a Statement of...

5. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...were sold. The question is whether this was an assignment prohibited by the lease, or is otherwise an alienation requiring approval by the Court. [9] When CHH divested its forestry assets in 2006, it sold shares in other lessee companies which formed part of its forestry assets. One of those was NZ Forestry Products Limited, which held a lease over land administered by the Maraeroa C Incorporation and other Maori land trusts. In The Proprietors of Maraeroa C Block v NZ Forest Pro...

6. [2009] NZEmpC AC 2A/09 Lewis v Howick College Board of Trustees [pdf, 60 KB]

   ...system to deal with complaints against Members of the Employment Relations Authority. The Chief of the Authority has put in place an informal system that such complaints about other Authority Members are made to him. The Chief of the Authority requested my predecessor as Chief Judge to consider any complaints that may be made against the Chief of the Authority. My predecessor agreed, and I agreed, to continue this informal practice upon assuming office in 2005. As I have indicat...

7. Berry & Ors as Trustees of the Burns Berry Trust v Lay [pdf, 301 KB]

   ...Gardens – Unit 8 page 9 of 123 01-Aug-96 CCC issued for retaining wall and drive (AC/95/0899) 01-Aug-96 CCC issued for replacing damaged piles (AC/95/8744) 01-Apr-98 Transfer of Unit 8 from E Berry to Trust 07-Feb-00 E Berry informed Taradale of cracks in plaster and possible leaks 08-Jun-01 E Berry informed Taradale of further leaks 20-Aug-01 Taradale Ponsonby Gardens Limited responded to complaints to E Berry 02-Nov-01 Taradale reports on cracks and deck...

8. Wu v Manukau City Council [2011] NZWHT Auckland 65 [pdf, 77 KB]

   ...memorandum of 14 Page | 3 October 2011 and includes remedial costs, contingency fee, the Prendos project management fee and costs described as additional costs incurred as a result of the change of engineer and cladding type and Mr Marshall’s request. [5] The claimants state that although it was a term of the settlement agreement that the repair contract would be in accordance with NZS3910, Mr Marshall consistently refused to sign the required documentation. The...

9. MBL v Shadforth [2016] NZIACDT 26 (18 May 2016) [pdf, 189 KB]

   ...conduct that is often significant in terms of professional disciplinary matters may fall outside the course of providing immigration advice. For example, a licensed immigration adviser could be dishonest outside of their practice. [14] The Tribunal requested responses on the issue. The Registrar’s view is that the grounds of Mr MBL’s complaint fall within the broad definition of “immigration advice”, and accordingly are within the scope of section 44(1). However, her posit...

10. [2015] NZEmpC 171 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 488 KB]

    ...problems over her hourly rate and leave balances, there were regular errors in her LSG payslips, particularly as to overtime. She said she lodged pay queries with regard to practically every pay period. LSG maintained hardcopies of such query forms, and six only were available for production to the Court. These will be considered later. [60] At this stage, the focus, at least with regard to Ms Alim, was on whether she would transfer off the PRI CEA. There is no evidence that an...