Search Results

1. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...would be returned to Mrs Fox;  that the parties would not “speak ill of one another”; and  that the fact and terms of the settlement would remain strictly confidential to the parties. [13] A response to this proposal was requested by the plaintiff’s solicitors within five days and the proposal would lapse after this deadline. The plaintiff says that there was no response from the defendant at all to that offer before it expired. She now says that the amoun...

2. [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...

3. 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...

4. 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...

5. LCRO 73/2025 PQ v KR (26 August 2025) [pdf, 223 KB]

   ...were no special circumstances that would reasonably provide grounds for a Standards Committee to consider the invoices that had been rendered outside the two-year period; and (h) Mr PQ had throughout, been conscientiously and continuously kept informed as to litigation risks; and (i) advice provided to Mr PQ was at all times professional and legally sound; and (j) Mr PQ raises concerns about a settlement agreement that Mr KR had played no part in the preparation of; and (k) paymen...

6. [2021] NZEmpC 46 Allison v Ceres New Zealand LLC [pdf, 225 KB]

   ...In relation to that part of the summons it reads: And you are ordered to bring with you and produce at the same time and place all emails you exchanged with David McIntyre and/or Monika [Bratownik] referring to the Plaintiff (his performance, disciplinary matter, redundancy and general comment pertaining to the continuation of his employment). [3] The reference to David McIntyre is to the principal shareholder and director of the defendant. Ms Bratownik is an Accounts...

7. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   ...told him she had been asked to terminate his employment under the 90-day trial provision in the employment agreement. The impression conveyed by the way in which this news was delivered was that she was passing on a decision made elsewhere. His requests for an explanation were declined and invitations to discuss the situation were not taken up. [11] During this meeting Mr Roach was told he would be paid one week’s pay in lieu of notice. He was handed an envelope containing a l...

8. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...those costs be fixed now. [4] The Authority adopted the reasoning in two previous and unrelated determinations justifying, as it said, “a higher than normal award of costs”. It said: [19] … The fixing of costs is an exercise to be informed by principle and there is nothing in the present factual matrix which would discourage the Authority from a significant costs award. Mr Lewis has chosen to persevere with a claim in the Authority which has put the Bank to significan...

9. 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...

10. Tahuparae – Marino Henare Pumipi Rangitihi Tahuparae (2013) 60 Taitokerau MB 46 (60 TTK 46) [pdf, 93 KB]

    ...decision. First, whether Cynthia is entitled to a life interest in respect of Marino’s Māori land interests when they had separated 13 months before his death. Second, whether the Court should refrain from making vesting orders and require formal administration of the estate. 60 Taitokerau MB 48 Cynthia’s entitlement [7] Marino’s children assumed throughout the proceedings in this Court that Cynthia was no longer entitled to a life interest in Marino’s land inter...