Search Results

1. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [pdf, 223 KB]

   ...trustees were not. Mr PR has explained his position in that regard in his submissions. That is accepted and does not raise concern over misconduct. [82] There is nothing in the materials Mr LP has provided on review that supports this Office forming a different view to that reached by the Committee. There is no basis on which to order Mr PR to pay back everything he received from the Trustees. Mr PR accepts the proper course is to confirm the Committee’s decisions. There is no...

2. ACM Ltd v ZXS [2013] NZDT 113 (17 June 2013) [pdf, 55 KB]

   ...Meyer ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZXS is to pay to ACM limited the sum of $862.50 by the 27th June 2013. Facts [1] ZXS contacted the Applicant (ACM Ltd) by email in November 2012 requesting a valuation of his motel premises in [a city]. After an exchange of emails clarifying what type of valuation was required, when it could be done by, and receiving an indication from ZXS of the value needed for his purposes, ACM...

3. LU v VK LCRO 209 / 2011 (17 April 2012) [pdf, 67 KB]

   ...title to land). No undertaking was given by the Practitioner’s firm and in 1993 the firm released the sum of $6,000 to its client. A Disputes Tribunal later concluded that the Practitioner’s client was in breach of the contract for having requested payment of this money to him. 2 [5] The adjudicator noted that the Applicant sought repayment of this sum by the Practitioner’s client back to the Practitioner’s firm for holding. However, the adjudicator explained...

4. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...resorted to locking out union members since 19 October 2011. It has been able to maintain production, or at least a temporarily sufficient level of production, using existing non-union labour and by using a growing number of employees who were formerly union members but have decided, in the circumstances, to sign individual employment agreements with CMPRL under which they are now working. [7] It is really only the current and prospective lockouts of union members with which t...

5. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   WAYNE DESMOND MUNRO V NS SECURITY LIMITED, FORMERLY KNOWN AS HIBISCUS COAST SECURITY LIMITED NZEmpC AK [2012] NZEmpC 38 [2 March 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 38 ARC 30/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN WAYNE DESMOND MUNRO Plaintiff AND NS SECURITY LIMITED, FORMERLY KNOWN AS HIBISCUS COAST SECURITY LIMITED Defendant Hearing: 10 November 2011 (Heard at Auck

6. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...that the buyers had to beware and instead imposed a positive duty on the agents to disclose. He submitted that the doctrine of caveat emptor has no application under Rule 6.5. • He submitted that the Complaints Assessment Committee incorrectly formed the view that the decision to exclude the due diligence provisions in the agreement with the sale and purchase was relevant to Mr Matutinovich’s obligations. He submitted that the Complaints Assessment Committee seriously failed to c...

7. [2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd [pdf, 316 KB]

   ...[4] On 24 September 2018, Infinity’s lawyers sent an email to Mr Lorigan, requesting him to comply with the Court’s costs judgment and pay the sum of $14,495 for costs without delay. Advice as to when payment could be expected was also requested. The evidence suggests there was no response. [5] Mr Lorigan applied to the Court of Appeal for leave to appeal against this Court’s judgments declining Mr Lorigan’s application for joinder,21 and his application for a stay o...

8. Mostafa v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 155 [pdf, 178 KB]

   ...outlined below. 1 Mostafa v Accident Compensation Corporation [2023] NZACC 79. 2 Background [2] At the time of his injury on 8 February 2018, Mr Mostafa was a truck driver for Carter Holt Harvey. [3] According to the ACC injury claim form dated 1 March 2018, the description of Mr Mostafa’s injury was “Throwing strop over truck and felt pain in arm”. The diagnosis was “sprained elbow/forearm – right side”. The claim form included a referral to a physi...

9. [2013] NZEmpC 142 Air NZ Ltd v Kerr [pdf, 52 KB]

   ...EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 142 ARC 38/13 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application for disclosure and leave to file an amended statement of claim BETWEEN AIR NEW ZEALAND LIMITED Plaintiff AND GRANT KERR Defendant Hearing: (by way of telephone directions conference held on 29 July 2013 at 11.00 am) Appearances: Christie Hall, counsel for...

10. AGR v ZTX Ltd [2013] NZDT 309 (2 September 2013) [pdf, 80 KB]

    ...that the car would require re-certification as its registration had lapsed in 1997. XY stated that at the completion of the restoration it would be like a new car, repaired, painted and undersealed. [2] The work carried out protracted and XY requested more money than had been agreed upon to complete the work. Over the course of 14 months AGR paid a total of $25,000 to XY at ZTX Ltd. On 1 July 2012 AGR collected the car which had been repaired and repainted. XY assured AGR that th...