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1. TF v NX Ltd & TQ [2023] NZDT 760 (27 November 2023) [pdf, 104 KB]

   ...motor as promised, rather than be out of pocket and no motor. 8. Based on TQ’s evidence and timeline, NX Ltd was insolvent when TQ asked TF for the deposit and NX Ltd was not in the position to deliver the contracted goods when the contract was formed. The deception continued with TQ providing false assurances to TF and to the police. 9. As TQ has personally engaged in misleading and deceptive conduct, which induced TF to enter into the contract, TQ can be held personally liable...

2. Mr-Rasheeds-Authorities.pdf [pdf, 7.1 MB]

   ...When the Orion was stopped, the driver ran away and when he was ordered to stop, he turned towards the Sergeant in what the Sergeant interpreted as an aggressive manner. His arms were down and his hands out of sight. In that short space of time, he formed the opinion that the deceased was a threat to his life. The man’s actions had not been of someone about to surrender. He was certain that there were no viable alternatives to discharging his own weapon. 21. Forensic examinations of t...

3. Chen v Christchurch City Council [pdf, 31 KB]

   ...12. Mr Dalziel spoke to the witness brief he filed dated 16 March 2009. Mr Dalziel said he was the owner and director of a company that purchased land at 32 Cranmer Square, Christchurch. He was not a property developer “as the company was formed for business reasons and was merely the client.” (The Tribunal accepted he was referring to both companies but will refer to them in the singular where appropriate). The Tribunal understood Mr Dalziel to mean that he was the clien...

4. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...appellant made an oral application during the opening of the hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been br...

5. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...would have jurisdiction is s 315. [31] The application is adjourned in respect to that application and the applicant is to advise the Court within two months of the date of the decision as to whether they wish to pursue the application. If no request is received to continue with the application within that time, the application will be dismissed. If a request is received to proceed with the application, a conference will be called with counsel to timetable a hearing. [32] All ot...

6. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...adjacent Awarua o Hinemanu land as one unit with a common set of trustees; and (j) An order requiring the respondents to take formal steps to seek legal and vehicular access to Te Koau A. [5] The application was heard on 2 August 2016. 3 Mr Calver requested that the proceedings be adjourned, in light of the complexity of the case, and given the fact that the filing of evidence had been delayed. Ms Sykes made an oral application to strike out the proceedings on the basis that th...

7. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

   ...The application Mr Manchanda prepared was a failed lodgement with Immigration New Zealand (INZ), due to the absence of a current police certificate; [2.2] At that point, the complainant was in New Zealand unlawfully and had limited options to request a visa, as generally a person who is in New Zealand without a current visa cannot apply for a visa; and [2.3] When the complaint was made, the Registrar required that Mr Manchanda provide a copy of his file, but he did not provide f...

8. IQ v SG LCRO 56 / 2011 (2 March 2012) [pdf, 69 KB]

   ...unsealed and unsigned judgment) he had sent it on to his client. He said that the Applicant had not asked for a signed copy of the judgment, and had she done so he would have been sent to her. He said that in a subsequent email the Applicant had requested that he undertake no further work on her file. [12] The NZLS appointed a costs assessor who was instructed to undertake an assessment of the disputed bills of costs. The letter of instruction noted the criteria to be applied...

9. [2021] NZACC 77 – Herbst v ACC (25 May 2021) [pdf, 156 KB]

   ...appellant agreed to withdraw all three matters by consent, on the basis that: [i] ACR 244/17 – the appellant would await the outcome of ACR 186/18 regarding cover for concussion. If the outcome of that appeal was in her favour, a new injury claim could be lodged for auditory processing difficulties. [ii] ACR 243/17 and ACR 302/17 – the appellant understood there was no merit to these matters. She could seek treatment prior to surgery (i.e. physiotherapy) by applying to t...

10. TT & WK v MF [2022] NZDT 275 (7 November 2022) [pdf, 158 KB]

    ...condolences to MF’s family and to acknowledge TT and WK’s sensitivity around this. I would also like to note that my findings in this decision do not imply any fraud or misdeed by MF, who it appears always acted with integrity and on the basis of information he had been told by others and believed to be true. 4. DI is likely to be one of the executors of MF’s estate with her siblings. An application for probate has been filed but has not yet been granted. The claim proceeded again...