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1. Muru v Te Aho - Maungatautari 4G Section IV Block [2013] Māori Appellate Court MB 5 (2013 APPEAL 5) [pdf, 101 KB]

   ...The parties and Mr Te Aho in particular took a most assertive approach. Settlement was always impossible. The parties were quite uncooperative. Mr Te Aho even went to the point of suggesting that what was said in these judicial proceedings might form the basis for an action in defamation. That approach was somewhat startling and clearly wrong as a matter of law. [7] Judge Savage noted that both parties questioned the merits of the other’s case. He cited the decision in Reeves...

2. LCRO 202/2016 and 6/2017 JI v ZY [pdf, 153 KB]

   ...[Property 3] pursuant to s 42 of the Property (Relationships) Act 1976. [11] Mr JI does not appear to have replied to STI immediately, but by 4 June 2015 he had received instructions from Mrs XU to act again on her instructions. Mr JI wrote to STI requesting Ms ZY’s consent to him acting for Mrs XU in relation to a matter involving Mr WV and Ms ZY, and presumably having the potential to affect Mrs XU’s interests in WV and XU Trust property. Complaint [12] On 8 June 2015,...

3. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

   ...apply; e) The Court should look at what is just in the circumstances and in doing so should have regard to the nature and course of the proceedings; the importance of the issues; the conduct of the parties; and whether the proceedings were informal or akin to civil litigation; f) If a party has acted unreasonably, for instance by pursuing a wholly unmeritorious and hopeless claim or defence, a more liberal award may well be made in the discretion of the Judge, but there is no in...

4. Jessup v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 70 [pdf, 252 KB]

   ...rubber gloves and safety goggles. 5. The bulk of Mr Jessup’s work time was spent on painting, paint removal or preparation tasks. No exposure limits were in place. When Mr Jessup was discharged from the RNZAF, he completed a medical discharge form and underwent a medical examination. In the discharge form, Mr Jessup answered “no” to questions asking whether he had suffered from any hoarseness or change of voice; persistent cough; chest pain or discomfort’ or undue short...

5. [2015] NZEmpC 189 Kirby v The NZ China Friendship Society [pdf, 173 KB]

   ...“oversight on our Society’s behalf of the establishment of cooperative Trainer of Trainers Programme at Shandon Bailie School and of the plan to extend cooperatives in four new counties of Zhangye”. The letter concluded by stating that the Society requested that support be given to Mr Kirby to assist in providing the valuable assistance which he had offered to provide. I find that this letter clearly indicated Mr Kirby was an experienced volunteer, and that the Society was p...

6. Marshall v Ratu - Whangape Lot 65B Sec 2A Block (2021) 227 Waikato Maniapoto MB 148 (227 WMN 148) [pdf, 400 KB]

   ...her whānau. But there is a problem. Mrs Marshall does not own the land on which the homestead sits. [2] The problems do not end there. The homestead is situated over three blocks of land. The affected land blocks include: Marshall Road, an unformed roadway managed by the Waikato District Council; part of Allotment 65B 2C1, which is general land owned by Mrs Marshall’s daughter, Kristin Blake and her husband Jeffrey Blake; and part of Whangape Lot 65B Section 2A, a 30-acre block...

7. [2012] NZEmpC 127 Hutton and Others v Provenco Cadmus Ltd (in receivership) [pdf, 76 KB]

   ...Ltd (PCL) and the second defendant Provenco Payments Ltd (PPL) having regard to the real nature of the relationship (pursuant to s 6 of the Employment Relations Act 2000). The sole issue in these proceedings is the identity of the plaintiffs’ former employer prior to receivership. 1 [2011] NZERA Auckland 482. [2] A statement of defence was filed on 27 January 2012. The defendants contend that the plaintiffs were solely employed b...

8. Park [2016] NZWHT Auckland 3 [pdf, 180 KB]

   ...close to a wall between that room and a bathroom. [30] In removing the skirting board, the assessor uncovered quite significant deterioration of the bottom plate. He determined that was caused by a leaking shower in the adjoining bathroom. He formed this view after turning on the shower and observing ponding on a raised tiled area between the shower box and the connecting wall in which he found the decayed timber. The physical proximity of the decayed timber to the shower box...

9. [2019] NZEmpC 143 Sfizio Ltd v Freeborn [pdf, 420 KB]

   ...statement of defence. Disposition [33] I find that the criteria justifying joinder of third parties are met, and I direct: a) The defendant must file and serve an amended statement of defence which does not contain paragraphs in the same or similar form to those at paras 11 – 18 of the first amended statement of defence; this document is to be filed and served within 14 days of the date of this judgment. b) The defendant must within 25 working days of the date of this judgment,...

10. HLL Ltd v RO [2018] NZDT 1133 (6 July 2018) [pdf, 88 KB]

    ...hearing of the claim until February 2017. After three hearings, a decision was made on 23 October 2017 that OL Trust owed HLL the sum of $15,000.00. However, due to ill health, Mrs RO had been unable to attend the final hearing, and she filed a request for a rehearing. This was granted. The matter therefore started afresh before me in early 2018. [4] Mrs RO advised the Tribunal during 2017 that her claim had been withdrawn. It is not clear that she intended that consequence, bu...