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1. [2014] NZEmpC 202 Hutchison v Nelson City Council costs [pdf, 112 KB]

   ...of that determination was brought, although I accept that the position was not altogether straightforward from Ms Hutchison’s point of view. The chronology is: (a) On 25 January 2013, counsel for NCC provided submissions to the Authority requesting costs for the two matters previously determined by the Authority; (b) On 27 January 2013, Ms Hutchison asked what the Authority required from her “… to ensure that costs are held in abeyance at this stage”; (c) By email of...

2. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...example, then a practical allocation of interests, rights and proceeds may be a consideration. [22] In any event, at first blush, while I may have some sympathy for Keld’s position, (given that he was drawn into this set of circumstances at the request of Mrs Hunia, who herself was attempting to secure quality representation for Richard) the Court cannot simply order the trustees to pay him from their income the share that his late mother would have been entitled to had she been ali...

3. [2020] NZEmpC 9 Zhang v Telco Asset Management Ltd [pdf, 236 KB]

   ...4 At [20] and quoting Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA) at [53]. perceived by third parties as being the result of a negotiated agreement and would differ significantly in form and substance from the content of a judgment of the Court following a hearing. [15] There are two aspects of these offers which require consideration. First, the financial element. Mr Cleary, counsel for Telco, submitted that the Court

4. [2021] NZEnvC 088 Tran v City Rail Link Limited [pdf, 759 KB]

   ...Tran says that the Council's argument is invalid and irrelevant. 10 Ms Tran, as "one of the executive members of HA VIE and representative for HA VIE for all tasks related to the notice of requirement and appeal", objects to the request. 11 [ 6) Ms Tran's submission was made in the name of "Lan Anh Tran". Section 174 of the Act allows "any person who made a submission on the requirement" to lodge an appeal in the Environment Court. That person...

5. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...and threatening him in a discussion in February 2010; and (iv) creating an unsafe and fearful working environment by comments made and behaviour towards Mr Milne and Mr Ross. [6] A disciplinary meeting was held on 31 March 2011. Mr Pereira requested further information, suggested some other employees be interviewed and proposed that the parties attend mediation. Mr McInnarney agreed to mediation which was held on 8 April 2011 without resolving the matter. A further disciplina...

6. Hiroki v Hiroki - Tikitiki B13C1A (2011) 17 Tairawhiti MB 54 (17 TRW 54) [pdf, 124 KB]

   ...interest any such land or in the proceeds of the alienation of any such right, title, estate or interest.” [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using its equitable jurisdiction und...

7. [2014] NZEmpC 43 Booth v Big Kahuna Holdings Limited Interlocutory [pdf, 110 KB]

   ...defendant’s application for an order for security for costs and a stay is dismissed. The plaintiff’s application for a stay of execution of the Authority’s costs determination is granted, on the conditions set out above. Costs [32] At the request of both parties, costs are reserved. Christina Inglis Judge Judgment signed at 4.55 pm on 14 March 2014

8. LCRO 192/2015 VH v RM [pdf, 116 KB]

   ...or may have a claim against him or her, the lawyer must immediately – (a) advise the client to seek independent advice; and (b) inform the client that he or she may no longer act unless the client, after receiving independent advice, gives informed consent. [27] In the course of this review, Mr RM has come to accept that the VHs may have a claim against him, and that he did not advise them to seek independent advice, or inform them that he may no longer act unless they gave info...

9. CJ v HQ Ltd [2020] NZDT 1367 (16 June 2020) [pdf, 108 KB]

   ...package $250.00 $304.80 2. CJ is not liable to HQ Ltd for the cost of the cookware set ($4,755.00) purchased in June 2018. Reasons 1. In June 2018, CJ purchased a titanium cookware set from HQ Ltd. As a result of a dispute over the form of payment for the cookware, CJ returned the cookware by courier to HQ Ltd in August 2018, but it never arrived, and is now lost. 2. CJ seeks an order that she is not liable for the amount she agreed to pay for the cookware ($4,755.0...

10. U Ltd v NP [2024] NZDT 780 (4 November 2024) [pdf, 172 KB]

    ...The issues the Tribunal has to consider are: a. What was the agreement between the parties regarding what work was to be done and how it was to be charged for? b. Did U Ltd breach the Fair Trading Act 1986 (“FTA”) by giving misleading information about the price of the work? c. Did U Ltd charge in accordance with the agreement or if no agreement, is the amount charged reasonable? d. Is U Ltd entitled to the amount sought of $6,400.00 or any other amount? CI0301_CIV...