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1. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [pdf, 128 KB]

   ...errors made or unwilling to consider that he might be wrong. [11] Mr Golian’s advice to lodge a complaint and pursue an appeal rather than to follow the approach proposed by Mr Singh was found to be entirely ill-conceived. What Mr Singh had requested was sensible and appropriate, as Mr Golian ultimately realised. However, by that time, the intervening events had seriously compromised any prospects of success. [12] While the Tribunal found that it was impossible to be sure whethe...

2. Auckland Standards Committee v Hylan [2014] NZLCDT 3 [pdf, 202 KB]

   ...document, entitled “Separation, Parenting, and Maintenance Agreement” (“the Agreement”). The Agreement did not accurately portray the position regarding Mrs S’s matrimonial affairs. Mr Hylan was said to have certified the Agreement as requested, knowing that it did not accurately reflect the true position of the parties to the Agreement. [3] The misconduct charge arose from the allegation made against Mr Hylan that at the time he certified the Agreement he knew:...

3. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...submissions did not address the quantum of the costs he was seeking in either jurisdiction. From the exchange I had with counsel, Mr Brant sought to have costs reserved so there would be a final opportunity for the plaintiff to respond to Mrs Kirkley’s claims in that regard. There was a further complication in that costs were awarded against Mrs Kirkley in the High Court, a matter with which I cannot deal, but that may be addressed in the submissions. These submissions shoul...

4. Mane - Waihou A8C1B1 (2015) 117 Taitokerau MB 215 (117 TTK 215) [pdf, 293 KB]

   ...Town and Coastal Limited. I note in this regard that Mr Carson’s draft survey plan shows two severances in favour of Barney, being an area of 1550m² and a separate severance of 300m². Judge Spencer did not consider the 300m² area should form part of an occupation order. The larger area approximates to the 2001 occupation order site. A20100007072 – s 19(1)(a) [22] On 20 May 2010 Barney applied for an injunction removing his sister, Peggy, and her family from the homestead...

5. Wood v ACC [2013] NZACA 4 [pdf, 62 KB]

   ...the Authority to either direct the Corporation to make a new decision under the 1982 Act, or accept that there was a decision in 1987 and conduct a new review hearing. [30] There is no indication on my file whether Mr Cartwright acted on this request, but Mr Darke filed submissions in support of the application in March 2010. In March 2012, Ms Becroft, filed submissions to challenge the Authority’s jurisdiction on the grounds first, that it arises out of a review decision under the...

6. [2018] NZEmpC 129 Secretary for Justice, MOJ v NZ PSA [pdf, 266 KB]

   ...which has included a ban on working overtime and working to rule by taking common tea breaks, and a ban on working outside normal standard hours of work or attending periodic weekly meetings. In addition, the CSOs have taken strike action in the form of the “lightning strikes”. These lightning strikes have been in the form of one- or two-hour strikes involving a total withdrawal of labour by CSOs during the period notified. The action has taken place at District Courts in Auc...

7. BC v KG [2021] NZDT 1592 (4 August 2021) [pdf, 178 KB]

   ...latter would be out of reasonable proportion to the quality breach. I consider the sum awarded meets the merits and justice of the dispute and order it above. Referee: J Costigan Date: 4 August 2021. Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

8. NH v RA Trustees Ltd [2020] NZDT 1373 (11 November 2020) [pdf, 106 KB]

   ...the parties met on site on 1 November 2019 to discuss the fence. As no agreement could be reached, NH forwarded a quotation from a fencing contractor for a replacement fence to RA Trustees Ltd on 1 February 2020 and referenced that quotation in the formal fencing notice she sent to them on 21 February 2020. CI0301_CIV_DCDT_Order Page 2 of 4 3. RA Trustees Ltd replied to the fencing notice informally on 27 February via their property manager, re-stating their desire and off...

9. II & SC v FX [2022] NZDT 229 (19 July 2022) [pdf, 100 KB]

   ...the Applicants decided not to proceed, the terms of the simple contract that they had with FX should have been implemented, that they were to be refunded the $8,000.00 as agreed. It was clear from the evidence that the Applicants kept FX as well informed as they could. FX simply “jumped the gun” in purchasing materials, without any contractual entitlement to do so. 8. FX alleges that the contract was cancelled for inappropriate reasons in that he had had a falling out with the Appl...

10. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

    ...element of “consideration” cannot be returned to them. Therefore, Mr T will have to pay them (in addition to the $6,000.00) the cash equivalent of $1,500.00. Referee: J P Smith Date: 26 March 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...