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1. W Ltd v X Ltd [2025] NZDT 6 (14 January 2025) [pdf, 197 KB]

   ...page relating to the set-up of the business, whether businesses owned and operated or staff, and are premised on the overall expectation that business should deliver return for the owner in the first year. 18. W Ltd has provided no accounting information or other evidence to show that the projections are inaccurate beyond assertions made by OT. 19. X Ltd says that the projections are accurate, are based on 15 years of running a franchise model and are conservative. It says that b...

2. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...JUDGMENT OF CHIEF JUDGE G L COLGAN A The defendant acted in breach of its s 4 Employment Relations Act 2000 obligations towards the plaintiff. B The defendant did not disadvantage the plaintiff unjustifiably in her employment by giving her a formal employment warning. C The defendant dismissed the plaintiff unjustifiably. D The plaintiff is entitled to compensation for lost remuneration of $78,934. E The plaintiff is entitled to compensation under s 123(1)(c)(i) of the Emp...

3. Brownlie v Brown - Pipituangi A (2010) 7 Tairāwhiti MB (7 TRW 39) [pdf, 417 KB]

   ...96-103. 7 187 Gisbome MB 284-285. 8 188 Gisbome MB 153-154. 7 Tairawhiti MS 43 [18] The three remaining orders sought address the same issues. I shall deal with them together. Live issues [19] The remaining branches of the application - requesting that the trustees file a report on their trusteeship, that the Court enforce the fiduciary duties of the trustees, if necessary and conduct an investigation into the affairs for the Trust under the broad powers of section 237 of th...

4. Butler - Mangawhati 3B1 and Takahiwai 3A2 (2010) 7 Taitokerau MB 260 (7 TTK 260) [pdf, 63 KB]

   ...187 Gisborne MB 284-285. 8 188 Gisborne MB 153-154. 7 Tairawhiti MB 43 [18] The three remaining orders sought address the same issues. I shall deal with them together. Live issues [19] The remaining branches of the application – requesting that the trustees file a report on their trusteeship, that the Court enforce the fiduciary duties of the trustees, if necessary and conduct an investigation into the affairs for the Trust under the broad powers of section 237 of t...

5. Ngatai - Matakana 1A7A (2002) 71 Tauranga MB 23 (71 T 23) [pdf, 1.5 MB]

   ...objectives of retention of land in the hands of its owners and the effective use, management and development of the land. As I noted in previous minutes it would appear that the land has been grazed by Enoka Ngatai and there may have been some informal arrangement for occupation by him. There was talk of a claim against him in respect of an occupation. There was also reference to an informal body, the Wharekawa Lands Committee, as looking after the lands. I say Tauranga Minute...

6. Memorandum of Counsel re Hearing Arrangements 5 September 2018 [pdf, 754 KB]

   ...addressing these matters in cross examination and submissions. To this end, Counsel will liaise with Counsel for Auckland Council and confirm the extent of the witnesses that Counsel wish to cross examine by noon on Thursday 6 September, as requested by the Court.25 22. Counsel will of course take into account the requests by the Court for Counsel to be focussed in the delivery of cross examination. Dated 5 September 2018 Aidan Warren Counsel for Mana Whenua in oppositi...

7. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

   ...December 2016 at which counsel for the respondents sought more time to take instructions and consider the issues arising from the application. [4] A further judicial telephone conference was scheduled for 20 January 2017, but postponed at the request of the Applicants to 3 February 2017. During that conference, an issue was raised about the meaning of the definition of "intensive farming" in the Auckland Unitary Plan. There was a suggestion that the issue might be addresse...

8. Te Runanga o Ngati Hine v Te Runanga a iwi o Ngapuhi [2013] Māori Appellate Court MB 89 (2013 APPEAL 89) [pdf, 148 KB]

   ...decrease once separation from TRAION is complete. [24] It was argued that the effect of Judge Ambler’s decision was to render the actions of TRAION and its trustees immune from scrutiny simply because they have launched a mandate proposal that forms part of a process that the Courts generally regard as political. TRONH, it was contended, has a right to withdraw from TRAION and the Court ought to be “fair and fearless” in its scrutiny of the mandate proposal so as to be satisfi...

9. Fisher v Fisher - Mura Rattenbury [2013] Chief Judge's MB 272 (2013 CJ 272) [pdf, 395 KB]

   ...the time of the hearing, but that she was never told of their intentions nor that there was any hearing set. There were also other options the Applicant's mother had, as evidenced by the Applicant, to ensure that the Applicant was contacted as requested by the court (e.g through the Applicant's daughter and the other family relations). 14. In light of this, there are sufficient grounds for this matter to proceed to hearing. Recommendation of course of action to be taken 15...

10. Bonner v Accident Compensation Corporation (Leave to Appeal to the High Court) [2024] NZACC 177 (11 November 2024) [pdf, 243 KB]

    ...surgery would be necessary. Mr Lynskey wrote that he was in no doubt in his mind that Mr Bonner’s current complication had arisen from the fact his hip lay dislocated for greater than a week. [11] On 25 January 1989 at the Corporation’s request Mr Lynskey provided another report which noted a) Following the pelvic plate removal it weas apparent there was a partial peroneal nerve palsy due to damage to the sciatic nerve. b) This nerve damage occurred during the operation....