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1. ND Limited v DD [2024] NZDT 163 (17 April 2024) [pdf, 171 KB]

   ...extreme financial pressure when he sold the business. He was in rent arrears and the landlord was about to evict him from the premises. He (DD) agreed to purchase the business under urgency – he paid the purchase price in December 2022, before any formal documents were prepared and signed. He understood that all the equipment that was in HD at that time was included in the sale. d. ND has not proven that they purchased this machine from NS Ltd. e. ND has not proven that the mach...

2. Pickering v Reihana - Motatau 2 Section 21B2E (2021) 231 Taitokerau MB 103 (231 TTK 103) [pdf, 323 KB]

   ...records which are relevant. The following does not refer to all documents filed in this proceeding, but to those which I consider bear on the question in this case. [43] On 14 June 1997, a meeting of the Reihana whānau was held to discuss forming a trust. At that time, a resolution was passed to form a whānau trust. The minutes for that meeting also record the following resolution: Mama McKay: I wish to make a motion that the Trustees be directed to look into providing ...

3. Pihema v Ngāti Whatua of Orakei Māori Trust Board – Section 722,790,792,793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (1990) 3 Taitokerau Appellate Court MB 44 (3 APWH 44) [pdf, 479 KB]

   ...this fIXture he was unable to satisfy the normal requirements of presenting the evidence sought to be adduced by affIdavk and giving notlce to the Court and the respondent This Court's determination on this matter was made wkhout regard to the performance of these requirementsand accordingly this argument did not needto be considered further. Reason for Rehearing 13. In arriving at Its determination, the Court has had regard to three aspects arising out of the appllcatlon:- (i) The purp...

4. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

   ...it was common ground that the principles to be applied are those set out by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168. They may be summarised in the form of three questions: a) Was there a breach of duty by the employer to the employee? b) If so, was that breach of duty sufficiently serious to make it reasonably foreseeable by the employer that the employee might resign?...

5. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...the sale of stock on the estate’s farm property into his trust account, and later deducted fees from those funds. [4] Despite requests by the estate solicitors, the practitioner refused to remit the funds to them, or explain the fees. Mr Lawes claimed his client had a dispute concerning the funds, which was still before the Family Court, thus he had no obligation to remit the funds as requested. Issues [5] The issues to be determined are as follows: Charge 1 1. Do the faili...

6. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

   ...legal practice was not as it had been portrayed to her by Mr Moodie. Ms Strachan came to doubt increasingly what she considered had been Mr Moodie’s assurances that his practice was in the nature of a retirement hobby and that the work was performed for selected clients on a pro bono basis, that is for no professional fees. [26] It is not determinative of these proceedings whether Ms Strachan’s beliefs were well founded. However, it is clear that whatever Mr Moodie may or may...

7. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...impart knowledge, including our tikanga. 15. We refer to our maunga of Taamaki as ‘maunga tuupuna’, ‘maunga tapu’, and ‘maunga kōrero’. 16. Traditionally, the Taamaki River and the portages by which waka were moved across land, formed a natural communications centre within Taamaki Makaurau. It was the route to the important Waiuku portage that provided a connection between Te Waitemata and Manukau harbours. This portage was situated within our rohe, and used extens...

8. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [pdf, 252 KB]

   ...“matters” removed from the Authority. The plaintiff had previously admitted that there was no such “matter”. [17] Mr Halse said he had not submitted to the jurisdiction of the Court. He had protested jurisdiction throughout, pointing out formally that these proceedings should never have been issued. [18] The attempt to have the Court extend its and the Authority’s jurisdiction was contemptuous of the authority of Parliament. [19] These points were developed in submis...

9. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000065 [2013] NZWHT AUCKLAND 17 BETWEEN CARL SANTO SAFFIOTI AND EIJA MARITA SAFFIOTI Claimants AND GREGORY PAUL AND KIM MACHELLE WARD First Respondents AND NORMAN OLIVER PORTMAN Second Respondent AND JOHN STEPHEN HANCOCK Third Respondent AND JIM STEPHENSON: ARCHITECT LIMITED Fourth Respondent AND MARTYN CLEARY (Not Served) Fifth Respondent AND TONY HERON Sixth Respondent AND AUC

10. LCRO 41/2015 CL v JW and IB (26 June 2018) [pdf, 241 KB]

    ...advise Mr CL that HK’s email had arrived making the first agreement unconditional. Mr JW should have advised Mr CL to seek independent advice elsewhere, and told Mr CL that he could not act unless Mr CL received independent advice and gave informed consent to Mr JW resuming acting. [12] Instead, Mr JW provided advice to Mr CL on the risks involved in cancelling either of the two agreements and carried on acting. [13] On Mr CL’s instructions, based on Mr JW’s advice, the law...