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1. Costs & disbursements

   ...but there has not yet been a judgment on the final application. You should carefully record the costs and disbursements you incur in bringing or defending a proceeding, as you may have to show evidence of them if your proceeding is successful and they form part of an application for costs. Costs In most cases, when a judge orders the unsuccessful party to pay costs, the Judge will allocate a scale for the costs to be calculated. The cost scales are listed in: Schedule 4 of the District Court...

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2. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...designed to allow teachers to move through a process demonstrating the quality of their practice against a prescribed set of knowledge, skills and attributes, and enabling them to progress to the top step of the salary scale. [9] The AST model formed part of the negotiations for the 2007 collective agreement. The plaintiff’s claims included a claim for increased remuneration; full roll out of the AST model by July 2008 (and of the other career pathways models of mentor and midd...

3. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result o...

4. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...Wi, Thomas Tuwhangai, Moera Hughes, Mary Crown and Morgan Rata.3 Procedural history [6] Ms Taniora filed the application for enforcement of obligations of the trust on 20 June 2017, on behalf of the Taniora Maru Whānau Trust. The applicant requested the hearing be held in Hamilton as she resides there, which was opposed by the trustees. I issued directions on 29 August 2017 allowing for the case to be heard in Hamilton for the purpose of taking the applicant’s evidence, and f...

5. ED v CC [2022] NZDT 228 (25 November 2022) [pdf, 206 KB]

   ...TRIBUNAL District Court [2022] NZDT 228 APPLICANT ED RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons: 1. CC emailed ED regarding the purchase of quail eggs and quails. 2. ED replied sending some information and proposing some dates to send a breeding group of quails, eggs and feed. 3. CC responded saying that she would love to proceed and asking if she could get the birds a little later. She also asked ED for his recommendation abo...

6. Retto v Standing [2012] NZIACDT 69 (28 September 2012) [pdf, 97 KB]

   ...met with Mr Standing and concluded he was not providing the services he agreed to provide. 6 [49] Mr Retto terminated Mr Standing’s engagement and requested that Mr Standing refund the money he had paid. Mr Standing ignored the requests. [50] The Tribunal upheld the complaint. The evidence supporting the complaint established: [50.1] Mr Standing obtained fees dishonestly through misrepresentations, [50.2] He failed to account for the money he dishonestly solicited....

7. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

   ...Ferguson reported a diagnosis of Mr Savage having significant low back pain and lower limb radiculopathy secondary to LB/S1 disc herniation. [4] On 11 June 2018, Mr Judkins’ general practitioner (“GP”), Dr Bjornholdt, filed an ACC injury claim form for pain in the lumbar and thoracic spine as a result of a gradual process. The claim form described “repetitive strain and repetitive injuries over the years working as a plumber”. [5] On 25 June 2018, Mr Judkins completed...

8. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...BY DEFENDANT1 BACKGROUND [1] In its decision in Lohr v Accident Compensation Corporation [2016] NZHRRT 31 given on 29 September 2016 the Tribunal found the Accident Compensation Corporation (ACC) had discharged its burden of proving the information withheld from Dr Lohr fell within the exceptions in ss 27(1)(c) and 29(1)(a) of the Privacy Act 1993. As information 1 [This decision is to be cited as: Lohr v Accident Comp...

9. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...care and skill. QD’s submission was based on media reports of an interim report of the Transport Accident Investigation Commission. L Ltd says it does not accept some of the statements in the report and that that there is new (undisclosed) information that is likely to affect some of TAIC’s preliminary findings. While the evidence, such as it is, points to failings on L Ltd’s part, it is not necessary to make any findings on the issue. 21. Of more significance is whether th...

10. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

    ...transfer to “our trust account” of the funds Firm A held in trust. Firm A requested from Ms ND “… your firm’s undertaking that you will retain the sale proceeds … undisbursed, until resolving of division of relationship property between [the former husband] and [the respondent]”. [13] The exchange is puzzling. Barristers do not operate trust accounts. Ms ND may not have understood this. [14] Ms ND engaged with Firm A regarding the form of undertaking required. On...