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1. Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) [pdf, 874 KB]

   ...further orders and charged against the former trustees to be repaid in full, or as the Court should otherwise determine. [25] Ms Bennett then argued that the former trustees failed to provide full details of payments made to them, despite repeated requests from counsel and the Court. Counsel contended that the trustees were notified of the circumstances in which fees could be paid to them, but ignored that advice and continued to receive fees for trust business, even throughout the...

2. Wharekura v Skerrett-White - Kawerau A8D (2021) 263 Waiariki MB 71 (263 WAR 71) [pdf, 226 KB]

   ...Kotahitanga o Ngāti Tūwharetoa; 263 Waiariki MB 72 (b) Those funds were paid to the Kawerau A8D Māori Reservation Trust on direction from Te Wai U Wai 21 claimants, Tomairangi Fox and Colleen Skerrett-White. Mr Fox has subsequently requested that the funds be transferred to a charitable trust established for the purpose of holding the proceeds of the settlement of Te Wai U claim; and (c) The applicants are hesitant to transfer the funds being unsure of their power to do...

3. Clearwater Trust v Flora Creative Limited [2012] NZWHT Auckland 9 [pdf, 174 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000042 [2012] NZWHT AUCKLAND 9 BETWEEN STUART CLARK and LESLEY DUNNING as Trustees of the CLEARWATER TRUST Claimants AND FLORA CREATIVE LIMITED First Respondent AND LANDMARK HOMES BOP LIMITED Second Respondent AND PAUL CLARKE Third Respondent AND TAURANGA CITY COUNCIL Fourth Respondent (Removed) Hearing: 5 October 2011 and 29 November 2011 Appearances: Mr R Kettelwell, for the Cl

4. Director of Human Rights Proceedings [Lightbody] v Corrections (Extension of Time) [2019] NZHRRT 3 [pdf, 151 KB]

   ...statement of reply on the plaintiff and any other party. [2] By memorandum dated 16 January 2019 Serco New Zealand Ltd (Serco) has sought an extension of time for filing its statement of reply until 4pm on Friday 8 February 2019. The grounds of the request are that Serco was not served with a copy of the second amended statement of claim until Thursday 13 December 2018 with the result the statement of reply fell due for filing and service by 16 January 2019. As service occurred just p...

5. [2016] NZEmpC 76 Harlow v Western Property Management Ltd [pdf, 79 KB]

   ...the proceedings against the first respondent. [2] To date, no application has been made by Ms Harlow to the High Court for leave to continue with the proceedings. That is still an option open to her because the substantive proceedings which formed the basis for the application for a freezing order will subsist as proceedings in this Court but subject to what I intend to say shortly. [3] In any event, even if Ms Harlow made such an application to the High Court for leave to...

6. FI v TR Ltd [2018] NZDT 1065 (12 April 2018) [pdf, 85 KB]

   ...that ramp giving a clearance height of 2.0 metres. He drove up the ramp without incident, parked the van, went shopping, and on his return, while driving towards the down-ramp on level 1, the front roof of the van collided with a steel beam that forms part of the parking building. He enlisted the help of mall security to stop traffic so that he could drive down the up-ramp to be able to exit the building. When TR inspected the damage, it deducted $3000.00 from his credit card bei...

7. [2021] NZACC 100 – Tutakangahau v ACC (16 July 2021) [pdf, 447 KB]

   ...I note that ACC received further evidence in its decision of 28 November 2016, declining to fund a car. However ACC has largely relied on the same evidence it had to hand at the time of the motor vehicle decision, and I do not see the new information as shifting the balance of evidence. Rather I am persuaded that the evidence available does not support Ms Tutakangahau as having suffered peripheral neuropathy (bilateral leg chronic regional pain syndrome/neuropathy after rhabdomy...

8. Nicholls v Nicholls - Koromatua 3A (2017) 154 Waikato-Maniapoto MB 128 (154 WMN 128) [pdf, 418 KB]

   ...the matter was appealed to the Māori Appellate Court and subsequently dismissed by that Court in 2013.2 The application then returned before me to address the remaining matters. I issued orders for the production of all relevant financial information from the bank and accountants regarding the Oamaru Bay Holiday Park, followed by discovery orders against the respondents.3 [3] On 25 June 2015, the Court engaged Jefferies Nock & Associates, chartered accountants, to carry out...

9. ACM Ltd v ZXS [2013] NZDT 113 (17 June 2013) [pdf, 55 KB]

   ...Meyer ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZXS is to pay to ACM limited the sum of $862.50 by the 27th June 2013. Facts [1] ZXS contacted the Applicant (ACM Ltd) by email in November 2012 requesting a valuation of his motel premises in [a city]. After an exchange of emails clarifying what type of valuation was required, when it could be done by, and receiving an indication from ZXS of the value needed for his purposes, ACM...

10. LU v VK LCRO 209 / 2011 (17 April 2012) [pdf, 67 KB]

    ...title to land). No undertaking was given by the Practitioner’s firm and in 1993 the firm released the sum of $6,000 to its client. A Disputes Tribunal later concluded that the Practitioner’s client was in breach of the contract for having requested payment of this money to him. 2 [5] The adjudicator noted that the Applicant sought repayment of this sum by the Practitioner’s client back to the Practitioner’s firm for holding. However, the adjudicator explained...