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1. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...Hearn & Ors v Parklane Investments Limited & Ors – INTERIM DECISION File No: TRI 2008-101-000045/ DBH 05356 Court: WHT Adjudicator: R Pitchforth Date of Decision: 30 April 2009 Background This is an interim determination relating to a claim filed by the trustees of the A Hearn Family Trust (the Trust). The Trust sought redress from the following parties believed to be responsible for their leaky unit: First respondent: Parklane Investments Limited (Parklane) –previous...

2. [2022] NZEmpC 19 Kang v Saena Company Ltd [pdf, 175 KB]

   ...not be included. Beyond this point of objection, counsel for the plaintiff made it clear that the plaintiff was content to leave the matter in the Court’s hands. [8] The defendant says that the translation is likely to assist the Court and forms part of its overall case. [9] The document may be included in the bundle for hearing. If the translation and/or any other documents in the bundle prove to be unnecessary, then that can be taken into account when assessing costs. A...

3. 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...

4. 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 ...

5. Beauchamp v Accident Compensation Corporation (Claim for costs on appeal) [2024] NZACC 24 [pdf, 149 KB]

   ...its discretion to pay the invoice on receipt, this was not a reviewable decision under section 68 of the Accident Compensation Act 2001. [5] On 1 September 2022, the appellant filed an appeal against the Reviewer’s decision. The Corporation requested a copy of Dr Newburn’s invoice. [6] On 16 November 2022, Ms Koloni, for the appellant, submitted Dr Newburn’s invoice to the Corporation for payment. [7] On 9 December 2022, counsel for the Corporation indicated that it would a...

6. 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...

7. [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...

8. [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?...

9. 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...

10. 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