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1. [2011] NZEmpC 59 Costley v Waimea Nurseries Ltd [pdf, 80 KB]

   ...extension of time, this element cannot be decisive in itself otherwise leave would never be granted. [22] For these reasons I am persuaded that it is in the interests of justice in the present case that leave should be granted and I so order. As requested by the plaintiff, the challenge shall proceed by way of a de novo hearing. The plaintiff’s draft statement of claim will, when the filing fee is paid, become the operative statement of claim. From notification of payment of...

2. A Nair v Devi [2014] NZIACDT 87 (15 September 2014) [pdf, 182 KB]

   ...communicate adequately with the complainant so as to ensure filing could occur on time. The result was that Immigration New Zealand could not consider his application. [3] The Tribunal found the complainant had provided Ms Devi with all the information requested. In addition, a staff member in the adviser’s practice told him Ms Devi had a relationship with Immigration New Zealand that guaranteed his application would be successful. [4] The Tribunal found the complainant’s account wa...

3. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...Churton they would have been in breach of the Trust Order and the lease would have been void. [22] Regarding the bridge, it was determined that it was in part firmly annexed to the land of the trust and had been so for 19 years for the purpose of forming part of the land on a permanent basis. The Court went on to conclude that Mr Churton built the bridge at his own expense at his own risk (given that he had no long-term lease) and as such no implied term for compensation could be i...

4. Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25) [pdf, 110 KB]

   ...need to be considered in detail at the next hearing. While I acknowledge that tenancy agreements are now in place the failure of the Trust to ensure that this was done much earlier and the failure to seek directions will need to be reviewed. Request for independent advice [9] It is said that the advisory trustees including those who have resigned have now requested legal assistance from the responsible trustee as to the various issues that have arisen during the course of t...

5. Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109 (31 TRW 109) [pdf, 154 KB]

   ...in Napier. Site visit dates could not be finalised with her until August 2011 and it took place on 2 September 2011. At the site visit the Responsible Trustee raised issues concerning land suitability and the impact of increased traffic on the formed track that would be used to access the occupation site, desired by the applicant. [6] A site plan was subsequently filed in October 2011. By this stage it was clear to the applicant that the lessee was not supportive of this application...

6. [2014] NZEmpC 3 NZ Amalgamated Engineering Printing & Manufacturing Union v Sealed Air (NZ) [pdf, 38 KB]

   ...be remitted back to the Employment Relations Authority in certain circumstances. The parties have been unable to agree costs. The plaintiff and defendant each seek costs in relation to the proceedings in the Court. [3] I granted the parties’ request by directing the Authority to investigate the matter which the parties’ agreement had effectively reduced to the interpretation issue. Counsel subsequently filed memoranda regarding costs. The plaintiff no longer seeks an award of...

7. [2016] NZEmpC 81 Eden Group Ltd v Jackson [pdf, 103 KB]

   ...application for a further freezing order. The interim freezing order then in place expired at midday on 21 June 2016. The undertakings by the three individual respondents, although annexing personalised asset lists, are each in the following form: I, … hereby undertake not to deal with all property of every kind, whether tangible, real or personal, corporeal or incorporeal, and includes rights, interests, and claims of every kind in relation to property however they arise, I h...

8. LCRO 254/2016 WR v MH (4 March 2019) [pdf, 109 KB]

   ...the Court of Appeal.9 Ms MH did not make this proposal at any time and Mr WR cannot have laboured under that understanding. I again observe that Ms MH rendered accounts on a regular basis. [28] The Committee did not call for Ms MH’s file or request a formal costs assessment by an independent costs assessor. However, members of the Committee would include lawyers who practice in an area of law similar if not the same as the issues raised by Mr WR in his complaint. Ms MH’s inv...

9. Bogusz v Accident Compensation Corporation (Suspension of Entitlements) [2022] NZACC 157 [pdf, 226 KB]

   ...[Suspension of entitlements s 117 Accident Compensation Act 2001] ____________________________________________________________________ [1] This is an appeal against a decision of the respondent of 18 January 2021 suspending entitlements in respect of claim 10048361893. [2] In its decision of 18 January 2021, ACC said: Your current condition is no longer the result of your personal injury of 25/09/2019. ACR 259/21 Background [3] On 25 September 2019, the appellant injured him...

10. LCRO 14/2023 BW and Company A Limited v PK and OJ (31 August 2023) [pdf, 430 KB]

    ...2022, Mr PK and Mr OJ made a complaint to the New Zealand Law Society Lawyers Complaints Service (NZLS) about the professional conduct of Mr BW. The complaint was completed and filed on their behalf by their lawyers, Law Firm A.1 [2] The complaint form referred to Mr BW’s incorporated law firm, Company A Limited (Company A). The further particulars attached to the complaint form referred to Company A as an additional legal person against whom the complaint was made. 1 Until...