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1. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...referred to the District Court proceeding. [12] On 9 March 2020, UXK filed a memorandum in the Authority asserting, amongst other things, TPL had breached that court’s suppression order by referring to the District Court proceeding. She requested that TPL be directed to file a revised statement of problem. Attached to the memorandum was a redacted version of the front page of the District Court judgment. [13] On 10 March 2020, the Authority acknowledged receipt of U...

2. Apostolakis v Attorney-General No. 2 (Strike-Out Application) [2017] NZHRRT 53 [pdf, 201 KB]

   ...Universal College of Learning at [57] to [59]: [57] Parties seeking redress from Tribunals and Courts must state their claim in a way which enables the Court or Tribunal and parties responding to the claim to understand what the claim is about. Claims should be pleaded in the most succinct and concise way possible. [58] Tribunals and Courts, and responding parties, should not be left in the position of attempting to make sense of a “morass of information” (to borrow the Tribunal’...

3. [2015] NZEmpC 126 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 127 KB]

   ...party’s lawyer should not leave it to the party to determine what documents are relevant. [7] Identifying what they say is evidence supporting these concerns, counsel for the plaintiff point to the following. First, on 26 May 2015, the defendant requested an extension of time for filing its list of privileged documents which had been required by the Court’s Interlocutory Judgment (No 5) issued on 15 May 2015. 4 At para 3 of that memorandum, counsel for the defendant advised...

4. Legal aid ACC consultation analysis report [pdf, 492 KB]

   ...response and final decisions April 2012 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully exclude...

5. LCRO 183/2016 TA v CIB LIMITED (28 March 2019) [pdf, 228 KB]

   ...Mr TA had failed in a primary obligation to his clients, in that a competent and diligent lawyer experienced in residential and commercial property transactions, would be expected to know and be able to advise on, the provisions of the standard form of agreement for sale and purchase of real estate. Application for review [19] Mr TA filed an application for review on 12 August 2016. [20] He submits that: 5 a. the Committee erred in failing to take into account that the compa...

6. OS v Accident Compensation Corporation (Treatment Injury) [2022] NZACC 189 [pdf, 348 KB]

   ...McGUIRE [Section 32 – treatment injury; proof of injury] ____________________________________________________________________ [1] At issue in this appeal is the correctness of ACC’s decision dated 15 January 2014 declining the appellant’s claim for a treatment injury on the basis that there is in sufficient evidence of an injury, in particular adhesive arachnoiditis, caused by treatment, which accounts for the appellant’s symptoms. Background [2] On 5 October 1986, the a...

7. LCRO 45/2020 MN v RK (22 December 2020) [pdf, 249 KB]

   ...that task. [8] Sale of the property did not proceed smoothly. The parties were unable to agree on a number of issues. [9] Eventually the parties reached agreement that Mr GS would purchase Ms RK’s interest in the property. Mr MN was not informed of this proposal. [10] Mr MN rendered fees in the sum of $9,162.63 (GST inclusive). [11] On 25 January 2019, Ms RK filed a complaint against Mr MN with the Lawyers Complaints Service. [12] On 7 February 2019, Mr MN lodged a caveat ag...

8. National Standards Committee 1 v Deliu [2016] NZLCDT 26 [pdf, 408 KB]

   ...his own, falsely or without foundation accuses a Judge of racism.” Freedom of expression [33] The practitioner submitted that his right to freedom of expression under s 14 of the New Zealand Bill of Rights Act 1990 permitted him to make the claims he did. [34] The ambit of this right in similar circumstances has helpfully been considered by an earlier judgment of the Court of Appeal in relation to Mr Orlov. The Court noted the protection afforded by freedom of expression is...

9. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...with the involvement of the former lawyer of Messrs Ryan and Ferris. Mr Gates claimed that he was put under pressure to change his statement and that this had led to a falling out with Ryan and Ferris. He was subpoenaed to give evidence at the request of the claimant. [75] In his evidence, Mr Ryan said that he had no personal involvement at all in the installation of the cladding. He claimed that Page | 22 in 1996 the company had a large staff and that a number of...

10. Te Manutukutuku 80 [pdf, 13 MB]

    ...Matariki e tiaho iho nei. Matariki e ārau ana ! Ngā mihi me ngā hua nui o te tau hou Māori ki a tatou. Tēnā tātou. It is a privilege to be introducing this issue of Te Manutuku­ tuku as the acting chairperson of the Waitangi Tribunal. The former chair­ person, Chief Judge Wilson Isaac, recently celebrated his 70th birthday, completing his term as the chief judge of the Māori Land Court and the chairperson of the Tribunal. Our trib­ ute to him features in this issue, and we...