Search Results

1. [2018] NZSAAA 2 (31 July 2018) [pdf, 422 KB]

   ...been given. [7] On the 16th May, in addition to formally notifying his Provider of his withdrawal, he contacted StudyLink by email seeking advice on its refusal to refund his fees. It is clear, both from the timing of the email and the way the request for advice is couched, that even if 3 the email was sent before he formally withdrew, he already regarded it as a fait accompli. Certainly he did not wait for StudyLink to reply to his query. When StudyLink did reply on the 23r...

2. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...(f) option payments made under the option agreements were made to UVWL and XYZL by way of payment to the firm’s trust account; and (g) payments received were recorded for the credit of UVWL and XYZL; and (h) funds were paid to UVWL and XYZL as requested by the client; and (i) QLL was not privy to, or had no knowledge of, any representations made by overseas agents to investors in relation to the option agreements; and (j) QLL was not involved in, nor instructed in respect of, th...

3. M and M v IAG New Zealand Ltd [2019] CEIT-2019-0047 [pdf, 329 KB]

   ...inadequate and further repairs were undertaken in 2015. Those repairs were no more successful and, in 2018, EQC paid out its full liability to M and M without making any deduction for the cost of the repairs they had undertaken. [4] M and M then made a claim under their State Insurance home policy against IAG, which quickly accepted liability to repair the earthquake damage to the house. [5] M and M had already engaged their own architectural consultants and appointed Whyte Construc...

4. [2010] NZEMPC 51 How v Campin & Campin T A Chequers Stud [pdf, 32 KB]

   ...[2] A Labour Inspector carried out an investigation of the matter including whether wage and time records had been adequately maintained by the defendants. The Labour Inspector was not provided with wage and time records despite his request of the defendants and therefore he proceeded with his opinion based on documentation and information provided by Mr How through his then solicitor. In a written opinion dated 19 June 2008 he concluded that the defendants breached minim...

5. Huata v Gotty - Lot 2 Deposited Plan 1996 (formerly Mangaroa 26N2 Block) (2021) 87 Takitimu MB 251 (87 TKT 251) [pdf, 248 KB]

   ...currently extant before this Court to the High Court is adjourned for two weeks to enable counsel to file any further submissions on the law. [22] If Mr O’Connor does not file any submissions within that timeframe, and in the absence of any requests for a further adjournment that are granted, the application to transfer proceedings to the High Court will be granted. [23] Leave is reserved for any party to apply for further directions at any time. Ka pānuitia te whakataunga...

6. [2021] NZEmpC 90 OSS Ltd v Arthur [pdf, 264 KB]

   ...individual employment agreement (IEA) had been breached as to the calculation and payment of the variable component of his salary; the second was whether his dismissal for redundancy was justified. [3] The Employment Relations Authority declined his claim for breach of his IEA.1 It upheld his personal grievance, and directed OSS to pay him, within 28 days:2 i) $20,000 for humiliation, loss of dignity and injury to feelings; ii) $52,500 as reimbursement of lost wages; and iii)...

7. [2008] NZEmpC CC 13/08 ANZ National Bank Ltd v Svensson [pdf, 64 KB]

   ...2005 IEA that it would not do so; and 2. in any event, Mrs Svensson did not wish to change her hours because it would adversely affect her health. [27] Ms Henry disagreed that Mrs Svensson’s hours could not be changed unless she agreed, and requested that Mrs Svensson provide medical information to support her view about the impact on her health. [28] In a letter dated 20 March 2007 handed and outlined to Mrs Svensson by Ms Carroll in person in a brief meeting with Mr Climo pr...

8. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197 (309 WAR 197) [pdf, 459 KB]

   ...state, and because I want to make it very clear that this is a Māori take. 5 At 294 Waiariki MB 207-211 I adjourned the application filed by Tui Julian sine die upon Ms Julians passing, with the direction to revisit its status once we received information on who would participate in the hearing. 6 These claims were filed because Tui’s whānau could not afford the probate process, which would have allowed the executors to continue Tui’s claim. 309 Waiariki MB 201 suppor...

9. OIA-101731.pdf [pdf, 12 MB]

   ...Lawyer Instructions ............................................................................. .....17 Appendix 4: Performance Monitoring Process ............................................................. ... .19 2. Appendix Two: Duty Lawyer Claim Form. ................................................... ...........21 3. Appendix Three: Concerns Raised By Design Partners. .................... ... .. ...........23 3.1 Remuneration.......................................................

10. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

    ...the firm about Mr OS. [15] He stated because the firm had favoured Mr T, it would not be possible for the firm to act on the administration of Mrs C’s estate, or accept appointment as executors and trustees. Mrs C’s will [16] Mr AH claimed that Mrs C, without saying “why”, told him she “wanted to see” the lawyer who “handled her will”, and requested Mr AH to ask that lawyer to contact her. He stated that on 3 November 2016, he and Mrs HR telephoned Mr OS to ma...