Search Results

1. [2019] NZREADT 45 Beatson - Ruling on Costs (26 November 2019) [pdf, 167 KB]

   ...costs under this section, the Disciplinary Tribunal may take into account whether, and to what extent, any party to the proceedings– (a) has participated in good faith in the proceedings: (b) has facilitated or obstructed the process of information gathering by the Disciplinary Tribunal: (c) has acted in a matter that facilitated the resolution of the issues that were the subject matter of the proceedings. …. [7] The particular grounds relating to the case which the s...

2. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...challenge. I am not satisfied that, in the circumstances, it would have substantially added to the costs incurred by the defendant in this Court or that it otherwise warrants an increase in costs. [22] No issue has been taken with the defendant’s request for costs on its application. I deal with that request separately. [23] Mr Harrison submits that the plaintiffs’ financial circumstances are relevant. Reference is made to a profit and loss summary for the second plaintiff...

3. Hettig v ANZ Bank - Kaiawhina Trust and Lot 1 Deposited Plan 158328 (2015) 104 Taitokerau MB 130 (104 TTK 130) [pdf, 176 KB]

   ...fraud against ANZ. He eventually accepted that there was no actual evidence to show that ANZ had acted fraudulently. Rather, he stated that this was speculation on his part, given ANZ’s failure to provide the home loan agreement that he had requested. Such conduct was reckless and irresponsible. [24] Mr Hettig accepted that Ms Ruwhiu took a loan from ANZ which was secured by way of mortgage over the property. In the face of such an admission it is difficult to see how Mr Hettig...

4. Auckland Standards Committee v Clarke [2013] NZLCDT 40 [pdf, 100 KB]

   ...vendor Mr S. 6 Mr S took possession of the campervan. The property transaction was not completed. The vendor neither paid for nor returned the campervan. Disputes Tribunal proceeding 7 On 3 November 2011 Mr T instructed Mr Clarke to lodge a claim in the Disputes Tribunal. He signed a Claim Form dated 25 October 2011 and paid Mr Clarke the $120.80 fee for lodging a claim. 8 Mr T phoned Mr Clarke several times enquiring about the matter’s progress. 9 On 2 February 2012 Mr T aga...

5. MK v PB LCRO 338/2012 (11 July 2014) [pdf, 175 KB]

   ...there had been no invoices rendered during the course of the retainer; it was understandable that this conduct would have led Mr PB to infer that the fees would be paid out of the proceeds of successful litigation, particularly as no security was requested over his property. Having reviewed the submissions, the Committee considered that the specific wording in the letter of 24 March 2011 could reasonably be seen to have overridden the general policy and usual billing procedure of DE i...

6. Steele v MSC 2018 Ltd (Application for Removal of Stay) [2019] NZHRRT 26 [pdf, 216 KB]

   ...Grounds for lifting stay [6] Subsequent to the making of the referral and stay orders Mr Steele has by memorandum dated 16 May 2019 applied to have the stay order lifted on the grounds: [6.1] The defendant has (allegedly) ignored “many” requests to mediate. [6.2] The urgent and interim nature of the proceedings will be undermined. Discussion [7] As to the first ground, Mr Steele has asserted “many” requests to mediate have been made by him to the defendant. However, onl...

7. Malcolm v Hahipene - Te Karaka 1B2B1 (2024) 318 Waiariki MB 24 (318 WAR 24) [pdf, 263 KB]

   ...transfer, the Land was treated as General land and the requirements for the alienation of Māori freehold land under Part 8 of Te Ture Whenua Māori Act 1993 (the Act) were not met. The misunderstanding as to the status of the Land has led to competing claims of ownership. [4] Eva Moke and Margaret Hahipene are the current trustees (the Trustees) of the Trust and have applied to the Court to confirm the alienation, on the basis that Te Karaka 1B2B1 and other properties were transfer...

8. [2013] NZEmpC 33 Mayne v Polychem Marketing Limited [pdf, 166 KB]

   ...acquiring a 49% shareholding in it in 1976. 1 [2011] NZERA Auckland 360. 2 For reasons set out in an interlocutory judgment: [2012] NZEmpC 60. 3 At [19]. In 1980 another company was formed (Mercator Chemical Company Limited), of which Mr Mayne was principal shareholder. It appears that by 1981 Mr Mayne was the sole director and shareholder of PNZ. 4 There is no doubt that Mr Mayne took a generous approach to remu...

9. Tainui - Arahura No 2A (2015) 30 Te Waipounamu MB 168 (30 TWP 168) [pdf, 209 KB]

   ...Tainui whānau ownership. History of ownership [13] This Court has previously determined ownership of the house on two separate occasions under s 30(1)(a) of the Māori Affairs Act 1953 (the 1953 Act). 3 The minutes from these hearings contain information about the background and history of the house and block and provide useful context for the issue currently before the Court. [14] In the late 1960s or early 1970s George’s uncle, another George Tainui known as Dennis or Dinny...

10. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

    ...respondents were and are the directors of, and shareholders in, TOEL. The Labour Inspector (John Maxwell) brought proceedings against TOEL in the Employment Relations Authority, seeking to recover unpaid wages (and interest) in respect of two former employees of the company engaged at its Nelson restaurant. The Labour Inspector further claimed penalties against TOEL for:  failing to pay minimum wages;  failing to pay statutory holidays appropriately;  failing to...