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1. LCRO 107/2023 NC v PJ (30 November 2023) [pdf, 209 KB]

   ...not a lawyer, was representing himself. The respondent, a barrister sole, was representing the defendant. [3] The defendant had applied for the prosecution to be dismissed. Her application was set down for hearing on [redacted]. The applicant requested an adjournment. His 2 request was addressed at a teleconference on 13 April 2023 before his Honour, Judge [A], attended by the applicant and the respondent. [4] His Honour issued a minute of the outcome of the teleconference, whi...

2. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...under great stress. It may be that in appropriate circumstances, the Tribunal would accept that the personal circumstances of a client were such that he/she was unusually vulnerable to pressure and unable to resist unreasonable suggestions or requests, and that that could affect the issue of whether the advice given crossed the boundary from what was legitimate to what amounted to undue pressure. However, a general comment that the appellant was subject to stress, unless it is suppo...

3. Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168 (32 TKT 168) [pdf, 121 KB]

   ...expected to attend a trustees’ hui to sit with persons who were seeking his removal. He went on to make statements about safety concerns. Application for adjournment [5] By email of even date received before 9am Mr Church, counsel for Mr Puriri, requested an adjournment of the fixture for 2.15pm on the basis of lack of notice. The case manager Mrs Matthews confirmed that Mr Puriri had been sent a notice of the hearing and had been provided with a copy of the application for remo...

4. Auckland Standards Committee 1 v Chen [2017] NZLCDT 7 [pdf, 213 KB]

   ...regard the second (Regulations charge) to be even more serious. We adopt the summary of this conduct from Ms Paterson’s submissions: “As part of yearly applications for the renewal of his practising certificate, the Practitioner completed forms (either in hard copy or online) that required the Practitioner to state whether he had obtained any convictions and to disclose any matters that might affect his continuing eligibility for a practising certificate. The Practitioner did no...

5. Kho v Navarette-Scholes [2016] NZIACDT 60 (22 September 2016) [pdf, 101 KB]

   ...immediately, and he provided all the documents Ms Navarette-Scholes requested from him. [12] The complainant said Ms Navarette-Scholes did nothing, and the agreement apparently made fees non-refundable if there was no job offer. The complainant said he had formed the view Ms Navarette-Scholes was operating a scam. [13] The Registrar did not seek to provide any further material. Discussion The standard of proof [14] The Tribunal determines facts on the balance of probabilities; howe...

6. BC v C Ltd [2022] NZDT 66 (2 June 2022) [pdf, 145 KB]

   ...would be required from BC. The parties say the project initially involved around 40-46 videos of about 2 minutes each in length and a sum of $110.00 per video was initially agreed as the basis for a contract during negotiations, but C Ltd amended the format to 23 videos of about 5 minutes in length each (or ‘around 20 videos’ as BC contends). 3. BC edited 8 videos for C Ltd during the initial period of the August 2021 lockdown. C Ltd says as the lockdown progressed, there were Co...

7. BI v U Ltd [2024] NZDT 614 (8 August 2024) [pdf, 101 KB]

   ...the hearing that it will refund her for this. Conclusion 11. For the above reasons, U Ltd is to pay $60.00 to BI before 8 September 2024. Referee: L Thompson Date: 8 August 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 reh...

8. [2010] NZEmpC 81 Chen v NZ Sugar Co Ltd [pdf, 22 KB]

   ...Mr Chen, when I raised it again, he indicated that he would not then agree to a judicial settlement conference. I also note that in a minute dated 12 November 2009, Chief Judge Colgan directed that Mr Chen was to respond to the defendant’s request for a judicial settlement conference. That minute was followed by an email letter from Mr Chen to the Registry indicating that he did not agree to a judicial settlement conference. [10] In dealing with the memoranda I do not agree...

9. [2009] NZEmpC CC 20/09 Industrial Services Nelson Ltd v Stewart [pdf, 23 KB]

   ...should file a memorandum within 30 days from the date of this judgment. ISNL will have 30 days to respond. [22] In her submissions filed on 24 September 2009 the defendant noted that she had yet to be served with the plaintiff’s statement of claim. If that was so it may raise issues as to the plaintiff’s compliance with reg 12 of the Employment Court Regulations 2000. [23] The defendant, if already served with the plaintiff’s statement of claim, should now, within 30 d...

10. Croft v Hing - Motatau 5E14B3B (2017) 162 Taitokerau MB 155 (162 TTK 155) [pdf, 199 KB]

    ...order required Mrs Croft to vacate the shed she was living in. Mrs Croft was at the Māori Land Court office, talking to a member of the Court staff, at the time she learnt of this order. She could have obtained a copy of the relevant application form at that time. She could have, and should have, acted promptly once she learnt of the order. [15] I consider the application could reasonably have been filed sooner. I am not satisfied this application should be accepted out of time...