Search Results

1. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   ...by the Tribunal on 16 June 2017 in the proceedings brought by Ms Guo against Dr Culpan (HRRT025/16: Guo v Culpan) at paras [22] to [24] an earlier application by her for a search order against Dr Culpan was dealt with in the following terms: The request for a search order [22] Consequent on Ms Guo’s belief Dr Culpan has obstructed the course of justice by allegedly destroying evidence, Ms Li by memorandum dated 15 June 2017 has requested an order authorising computer experts retained...

2. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...and these were a major source of leaks. Handrails were fitted via penetrations through the top of the decks. d) The deck/wall intersections were frequently not properly flashed. Page | 6 e) Balustrades and parapet tops were often formed without a slope and without waterproofing. f) There were serious issues with inadequate flashings and sealing around the frames, windows and doors. This included sill and jamb flashings as well as head flashings. g) A very com...

3. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...patients’ physical health needs undertaken by Dr Emmerson created friction. [27] Ms Wilkins shared her concerns with Dr M and the Acting Unit Manager, Ms Donna Kiwikiwi; she complained about the way she was being treated by Dr Emmerson. She requested a change in role. However, Ms Wilkins did not wish to formalise her concerns by making a complaint. [28] Dr M said she met with Dr Emmerson, who claimed to have no idea why the issues had been raised. Dr Emmerson says there...

4. U v F LCRO 26 / 2009 (6 April 2009) [pdf, 17 KB]

   ...Lawyer F to answer. On this basis Complainant U was invited to attend a “case to answer” hearing to present any further argument or evidence in support of the application and to determine whether the matter should proceed further. Lawyer F was informed of the hearing but was not required to attend and chose not to do so. Background [5] This complaint is made against the background that Complainant U is of the view that he has a legitimate and longstanding grievance against Law...

5. LCRO 137/2016 HA v TY Costs Decision [pdf, 97 KB]

   ...evidence with regard to the discovery process was not before the Employment Court. She says: 3 For example, Ms HA was concerned that Ms TY could not have reviewed all her client’s ([ABCD]New Zealand Limited) privileged documents. Ms TY claimed to have spent 38.61 hours (2,376 minutes) reviewing 11,837 documents which would have resulted in a review time of just 12 seconds per document. [12] Rule 13.9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care)...

6. 2020 July - Family Violence Provider Update [pdf, 128 KB]

   This update is essential reading for all approved MoJ programme facilitators. Please share with your team. Ngā mihi nui ki a koutou katoa This is an omnibus update summarising changes and information sent in the last few months and informing you of a new process to catch up on non-compliances due to be processed during the lockdown period. This is also a friendly reminder that we are back to our usual invoicing process from this month on – next invoice is due with us by 20th A

7. Judges Corner January 2021: SILNA [pdf, 159 KB]

   ...assigned sections of land to them, assisted by Tame Parata.4 By 1905, 142,463 acres had been allocated to 4,064 people.5 The South Island Landless Natives Act 1906 In 1906, the South Island Landless Natives Act (SILNA) was passed intended to formally authorise the transfers of land that had been made by Mackay and Smith. Most of the land set aside under the Act was transferred to the intended beneficiaries, but in 1909 the SILNA Act was repealed by the Native Lands Act before all...

8. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...rental company interpreted the exclusion as applying where anything other than the correct fuel type is put in the fuel tank. CI0301_CIV_DCDT_Order Page 2 of 4 6. When interpreting a contract, the courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. It is a well-established principle of law that exclusion clauses are interprete...

9. NN v BT [2024] NZDT 155 (18 April 2024) [pdf, 100 KB]

   ...from awarding the filing fee except in limited circumstances. As this claim does not fall within the circumstances stated, the filing fee cannot be awarded. Referee: S Simmonds Date: 18 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 re...

10. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

    ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refe...