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1. Ratima v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 44 [pdf, 138 KB]

   ...of Discontinuance, which included that there be no order as to costs, for Mr Ratima’s consideration. [5] On 23 February 2023, instead of signing the draft Notice of Discontinuance, Mr Ratima filed a Notice of Discontinuance that included a request that the Corporation be ordered to pay an unspecified sum by way of Mr Ratima’s costs. Mr Ratima noted that otherwise he would need to take out a loan to pay Mr Meier. [6] On 15 March 2023, Mr Ratima and Mr Meier filed a memorandum...

2. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...a party to these proceedings (no other party opposed the strike out) as there was no evidence to link its work or the producer statement to weathertightness issues. There was no foreseeable likelihood of any liability in respect of the work performed by the Fourth Respondent. MATERIAL FACTS [7] The owners own a rural property near Kawhia. In September 1999 two of the owners (“SE Middlemass and SA Middlemass”) met with Dorfliger and another representative of NZLC an...

3. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...application. 2018 Chief Judge’s MB 223 Details of payments made as a result of the Order 13. On 12 December 2013, letter were sent to the Māori Trustee Office (now Te Tumu Paeroa), Waitutu Incorporation and the Rakiura Māori Lands Trust, requesting that a hold be placed over the client accounts for the George Percy Huriwai Te Ruahikihiki Karetai Whānau Trust, pending the outcome of this application, and to provide what payments (if any) have been made to date. 14....

4. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...Mr Tan accepted instructions to assist the complainant to deal with his immigration affairs after his colleague Ms Aasa had been representing the complainant. [2] There is no dispute that Ms Aasa represented the complainant poorly and failed to inform him of what had happened. Mr Tan was engaged in the instructions from an early stage, as he personally met with the complainant when Ms Aasa first accepted instructions. However, this was in his capacity as a proprietor of the practice. He w...

5. [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [pdf, 394 KB]

   ...1 Johnson v New Zealand Defence Force [2019] NZERA 267. staffed. Despite relevant directives, a year and a half later, the capability was less than one quarter staffed and losing personnel faster than it was possible to train them. Requests for staff continued unanswered or were ignored. [10] The author stated that over 20 million dollars had been spent on the project, and it was well on the way to being declared operational. However, lack of staff would torpedo the ca...

6. [2021] NZACC 74 - Brown v ACC (17 May 2021) [pdf, 350 KB]

   ...Her back locked up when she was in the car. The G.P. noted “13 years since hurting it in the Gym, hurts more when she tried to stand up from sitting position”. She took Gabapentin but it had not made any difference to the pain. An ACC claim form was filled out on the same day and it noted a diagnosis of Lumbar Sprain. [6] On the same day Ms Brown saw David Bullen a physiotherapist at Back in Action. He noted that the pain was worse in the mornings. A diagram in h...

7. [2020] NZREADT 34 - Hammond v Real Estate Agents Authority (11 August 2020) [pdf, 386 KB]

   ...works completed. She submitted that the fact that they had not been completed was withheld from her, as she did not see the David Jones letter until she received the Bundle of Documents for the appeal. She submitted that despite repeated requests, the appellants were never provided with the full EQC documentation, or sign- off documents. [51] Mr Todd submitted that the evidence before the Committee was that at the time she advertised the property in January 2019, Ms Tafilipepe...

8. Talanoa v Tangilanu [2015] NZIACDT 40 (15 April 2015) [pdf, 84 KB]

   ...DECISION Introduction [1] The Registrar of the Immigration Advisers Authority referred this complaint to the Tribunal. [2] The complaint is that Ms Tangilanu accepted instructions and received an initial fee to assist the complainants with a request for a visa. The allegations are that she: [2.1] Failed to comply with the requirements for commencing a professional relationship, as she had no written agreement, and did not attend to the various disclosure requirements. [2.2] She al...

9. [2013] NZEmpC 165 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 185 KB]

   ...questions of law proposed, which had not previously been before the Authority or the Court. These related primarily to issues arising under pt 6A of the Employment Relations Act (the Act). Urgency was granted for a hearing. [6] Mr Matsuoka was formerly an employee of PRI. That company traded under the name of Pacific Flight Catering (Pacific). PFC is a subsidiary of PRI and was incorporated simply for the purposes of protecting the Pacific Flight Catering brand name and does no...

10. [2012] NZEmpC 93 Marshment v Shaeppard Industries Ltd [pdf, 74 KB]

    ...for defendant Judgment: 14 June 2012 COSTS JUDGMENT OF CHIEF JUDGE GL COLGAN [1] In its substantive judgment delivered on 30 July 2010, 1 the Court concluded at [79] that Mr Marshment was entitled to his costs on the challenge. He claims a global award covering the Employment Relations Authority’s investigation and determination 2 (as a result of which costs were determined in that forum) and the challenge in this Court. [2] Included in the claim for costs is a con...