Search Results

1. [2023] NZEnvC 202 Queenstown Park Limited v Queenstown Lakes District Council [pdf, 4 MB]

   ...s279(1) RMA, such order being by consent rather than representing a decision or determination on the merits pursuant to s297. The court understands for the present purposes that: 4 (a) all parties to the proceeding have executed the memorandum requesting this order; (b) all parties are satisfied that all matters for the court’s endorsement fall within the court’s jurisdiction and conform to the relevant requirements and objectives of the RMA, including in particular, pt 2...

2. [2024] NZREADT 28 – CT v CAC 2106 & Ors (27 August 2024) [pdf, 179 KB]

   ...inspect the property on 26 October 2016. Both advised there were defects and recommended further inspection by an expert. Neither provided a written report. [9] ML met with CT on about 26 October 2016. They worked through the Disclosures form and other listing paperwork. ML said she was not aware of any defects that needed to be disclosed. The paperwork was left with ML who wanted it to be reviewed by a solicitor. [10] Following the two inspections, BT arranged (on behalf...

3. Muller v Yerman [2015] NZIACDT 88 (31 August 2015) [pdf, 99 KB]

   ...to professional ethics. Should Ms Yerman have another complaint upheld against her, this caution may be considered in relation to the appropriate sanctions to impose.” [4] On 25 June 2015, the Tribunal upheld the Muller complaint. The Tribunal requested that Ms Yerman appear before the Tribunal to address the sanctions it would impose. That request was in part due to the warning Ms Yerman received when the Tribunal upheld the complaint in the Tully complaint. The decision in the Mulle...

4. Director of Proceedings v Nelson (Costs) [2014] NZHRRT 33 [pdf, 60 KB]

   ...Code of Rights) alleged by the Director, only one (breach of Right 4(1)) could be determined in favour of the Director. The Tribunal made a declaration that Mrs Nelson had breached the Code of 2 Rights in that single respect. It declined the request for damages in the form of pecuniary loss, loss of benefit, punitive damages and damages for humiliation, loss of dignity and injury to feelings. As Mrs Nelson was in receipt of legal aid the Director’s application for costs was al...

5. TS v SQ Ltd [2024] NZDT 538 (10 July 2024) [pdf, 168 KB]

   ...flights from [Destination City] to [Departure City] – which were booked for one month after the flights to [Destination City]. TS had to book new return flights as well. TS seeks an order that SQ Ltd is liable to pay the cost of his new flights form [Destination City] to [Departure City], a night’s accommodation in [Departure City] that he was required to book, and the international mobile phone call costs he incurred trying to sort the matter out while in [Destination City] . The tota...

6. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...Mander indicated to Mr Lowyim on 27 October that he was happy with this advertisement, but that Tru-Test should remain anonymous when it was posted. On that day he also received a draft position description for a Supply Chain Manager role he had requested from Lara Hellier, a human resources consultant he had employed to assist him with the restructuring process. [12] Mr Mander stated in evidence that Option 2 was removed from consideration on 30 October 2017. On that day he rece...

7. [2022] NZACC 107 - Carmichael v ACC (7 June 2022) [pdf, 225 KB]

   ...rotator cuff tear, on the basis that this was not evidenced in the ultrasound in December 2017. On 5 January 2019, the Corporation separately declined weekly compensation entitlements for Mr Carmichael, on the basis that there was insufficient information to determine that his current incapacity related to any reported event on 28 August 2017. Mr Carmichael lodged a review application of the Corporation’s decisions. [17] On 18 January 2019, Mr Welsh further reported, again ref...

8. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...in that their advice from real estate agents was that performing some work to bring the property up to a better standard for sale was likely to yield a better return for the estate, and so they ensured that this happened. Those solicitors also requested a contribution from Mrs W towards those repairs, and rates and insurance, since she was bound to pay those under the terms of her life interest. [29] Mr Collins firmly resisted any attempts for payments by Mrs W on the basis that...

9. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ...contract dated 18 June 2007. Douglas Rodney Keven is the sole director of Keven and the person who entered into the agreement on behalf of the company. The property was purchased as an investment and the residential part of the property, which forms the subject matter of this adjudication, has been tenanted since Keven bought the property. WERE MR AND MRS MONTGOMERY DEVELOPERS? [9] Keven alleges that Mr and Mrs Montgomery were developers and as such they owe it a non de...

10. IN & MG v NF Ltd [2022] NZDT 52 (16 May 2022) [pdf, 201 KB]

    ...what would happen in the event of a lockdown? b) If not, was the contract frustrated? c) What sum, if any, should be refunded? Did the parties agree what would happen in the event of a lockdown? 4. The common law of contract enables parties to form legally binding agreements. It is possible for parties to make provision for contingencies such as lockdowns in the terms of their contract. 5. However, the parties gave conflicting evidence about what was agreed. The applicants said tha...