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1. ND v EN [2022] NZDT 263 (13 December 2022) [pdf, 149 KB]

   ...to enter into the contract. 10. The buyer’s position is that at the Open Home, they asked if there were any leaks or any known defects. They say the response was there were none. They say this reflected the real estate agent’s disclosure form which did not identify any leaks in the roof or elsewhere. In summary, they say this representation was false, intentional and that they relied on it, as it affected the sale and the price offered. In support, they point to the change in the...

2. Form-32a_Family-Invoice_Care-of-Children.pdf [pdf, 232 KB]

   Version 21 – October 2023 page 1 10/23 form 32a Tax Invoice Family Legal Aid Fixed Fees Care of Children/Guardianship Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final i...

3. Form-32b_Family-Invoice_Care-of-Children.pdf [pdf, 230 KB]

   Version 21 – October 2023 page 1 10/23 form 32b Tax Invoice Family Legal Aid Fixed Fees Care of Children/Guardianship Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final i...

4. [2011] NZEmpC 62 Greymouth Dental Centre v Bowkett [pdf, 80 KB]

   ...be determined on an exchange of submissions without the need for a hearing. [2] The award of costs arose out of an application by the defendant pleading two causes of action, unjustified dismissal and unjustified disadvantage. The defendant claimed that her resignation amounted to a constructive dismissal and that she had been demoted, which was the basis for her unjustified disadvantage claim. 1 CA 58/10, 10 March 2010. [3] Th...

5. [2012] NZEmpC 60 Mayne v Polychem Marketing Ltd [pdf, 105 KB]

   ...even if the plaintiff was once its employee, he ceased to have that status at the latest by 31 December 1990 or perhaps 1 [2011] NZERA Auckland 360. even as long ago as 1986 when he ceased to perform any duties for the defendant. In these circumstances, the defendant says that there was no employment agreement or contract between the parties immediately before the Employment Relations Act 2000 (the Act) came into effect. It foll...

6. GN v TS LCRO 71 / 2011 (24 November 2011) [pdf, 96 KB]

   ...2007. [5] The Applicant held a long-standing personal grievance against one of ACQ‟s employees, M, who she considered was materially responsible for ACQ having declined her insurance claim in the first instance. It is clear from all of the information on the file that the Applicant wanted M to personally answer for her conduct, but in the event, M was not required to give evidence in that proceeding. Nor, it appears, were professional conduct issues pleaded as part of that procee...

7. Martin Trusts TRI-2017-100-006 Procedural Order 9 [pdf, 256 KB]

   ...The High Court directed the Tribunal to reconsider its “standing back” assessment, taking into account the claimants’ and the first and third respondents’ respective relevant interests. [64] In conducting the standing back exercise which forms a key part of the removal application jurisdiction, I am exercising a discretion. In so doing, I have considered the interests of both the claimants and the respondents. [65] I have reached the conclusion that the first and third...

8. Lazarus - Peter Pene Moses (2010) 9 Taitokerau MB 197 (9 TTK 197) - P [pdf, 60 KB]

   ...not create jurisdiction. In any event, s 17 is concerned with the interests and disputes of owners of Maori freehold land or General land owned by Maori whereas the present dispute is not between owners but claimants to a licence to occupy that forms part of an estate. 9 Taitokerau MB 204 [34] The Preamble and s 2 are relevant: Whereas the Treaty of Waitangi established the special relationship between the Mäori people and the Crown: And whereas it is desirable that...

9. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...time working for [Supermarket] in [Town] as a [XXXX] apprentice. [Supermarket] was supporting Mr AB in his application for a work visa. Mr NS was the Human Resources Manager at [Supermarket]. 2 [5] On 20 November 2012, Mr NS emailed Ms OC requesting a meeting to discuss Mr AB’s options going forward, following the decline of the visa application. [6] On 3 March 2013, a fee estimate was forwarded to Mr NS, with Mr AB named as the client. On 8 April 2013, Ms OC emailed Mr N...

10. [2021] NZACC 119 - Koloni v ACC (3 August 2021) [pdf, 251 KB]

    ...ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 July 2021 Held at: Hamilton Appearances: D Wood for the appellant J Sumner for the respondent Judgment: 3 August 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury, whether condition requiring surgery the result of an accident or a pre-existing disease- s 26(2), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 13 August 2...