Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. [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...

6. KC & JBH Ltd v MK [2022] NZDT 79 (24 January 2022) [pdf, 98 KB]

   ...MK is to pay to JBH the sum of $3,020.85 on or before 15 February 2022. 32. JBH is to pay to KC the sum of $500.00 on or before 15 February 2022. Referee: P Byrne Date: 24 January 2022 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 rehe...

7. EX v HG [2023] NZDT 697 (6 December 2023) [pdf, 200 KB]

   ...that they had the heat pumps running but did not notice that they were not heating properly due to low gas levels. I note that the email from the electrician does not state that he checked the gas levels, nor give any details of the test that he performed. 10. I have also considered HG saying that she did not have an opportunity to run the claim that the heat pumps had a gas issue past her tradespeople. I accept this was the case at the time EX had the heat pumps repaired/replaced, h...

8. HI v LX [2023] NZDT 148 (31 May 2023) [pdf, 199 KB]

   ...approximately $10,000 below what he paid for it. 22. With due respect to HI, I do not find this argument persuasive. 23. The challenges with obtaining insurance do not apply to this mooring only. They apply to all swing moorings, and this information is freely available to the market. Despite this, swing moorings are in high demand in the [Region 2]. LX submitted that he had many people interested in the mooring, and it seems that HI was aware that he had to act quickly if he wante...

9. CG v UD Ltd [2024] NZDT 270 (28 April 2024) [pdf, 189 KB]

   ...that a lot of the shortcomings may be seen as subjective. 21. Accordingly, I order UD Ltd to pay CG a sum of $600 in compensation under the CGA. Referee: S Malaviya Date: 28 April 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 reh...

10. CD Ltd v GQ Ltd [2024] NZDT 67 (11 January 2024) [pdf, 99 KB]

    ...presumably enjoy cost savings as compared to an independent contractor as a result. Referee Perfect Date: 11 January 2024 This order was amended on 17 January 2024 to correct a mathematical error. 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 reh...