Search Results

1. VAB v Corrections [2022] NZHRRT 31 [pdf, 215 KB]

   ...the name and identifying details of the plaintiff and his daughter and her age. [55] There is to be no search of the Tribunal file without leave of the Chairperson or Deputy Chairperson or of the Tribunal. The parties are to be notified of any request to search the file and given the opportunity to be heard on that application. COSTS [56] No submissions have been made regarding costs. However, given the circumstances of this claim, the fact that both parties have engaged in this pr...

2. 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

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. 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. 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...

7. [2015] NZEmpC 146 Hally Labels Ltd v Powell costs [pdf, 87 KB]

   ...unreasonable position in opposing the plaintiff’s interlocutory application for leave to amend pleadings prior to trial. The lengthy hearing of that application degenerated into what was effectively a strike-out application by Mr Powell without any formal application having been filed. Leave was granted to the plaintiff extending the time to file the amended pleadings. 4 [8] Counsel for Hally submits in the alternative that, should it not receive an award of costs, then cost...

8. Benjamin v Southern District Health Board (Strike-Out Application) [2020] NZHRRT 21 [pdf, 177 KB]

   ...summarised a phone call between Mr Ritchie and Mr Medlicott. The email stated that the Privacy Commissioner requires particular instances of disclosure or use of information to be identified before it notifies a complaint to an agency. Mr Ritchie requested that Mr Medlicott point out to him any instances of disclosure or other information that was particularly important or telling. The email then concluded: I will be in touch once I have reviewed the information you have provided more...

9. Tahere v Tau - Rangihamama X3A and Omapere Taraire E (Aggregated) (2017) Māori Appellate Court MB 62 (2017 APPEAL 62) [pdf, 232 KB]

   ...appeal in the present case, we note that the respondents filed, in support, an affidavit of Tony Shepherd. In his affidavit Mr Shepherd states that he did not “go off the grid”. Instead the appellants terminated his instructions to act and requested that their file be uplifted from his Chambers. Mr Shepherd says that his last meeting with the Tahere whānau was on 24 December 2013. We accept the statement of Mr Shepherd that his instructions were terminated by the appellants b...

10. Hamblyn v Auckland City Council [pdf, 53 KB]

    ...document that the master bedroom ranch slider was installed in a different position than indicated on the plans. • Failing to carry out inspections with sufficient thoroughness to note the 75% increase in size of the balcony. • Failing to request new drawings and engineering calculations for the increased size of the balcony. • Issuing the final Code of Compliance Certificate although the balcony did not comply with the Building Code. [10] The Hamblyns argue that...