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1. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 63 (32 TKT 63) [pdf, 204 KB]

   ...the District Court entered judgment against Sam Gemmell for $18,248.65 being the loan plus interest and costs. [4] Then on 11 December 2009 the trustees of the Tauwhareroa Trust and the Mohaka A4 Trust entered into a deed confirming that the former owes the latter $4,690.00. Sam Gemmell now disagrees with that figure and says that, following the presentation of evidence from accountants at hearings held before this and the District Court, it has emerged that the Tauwhareroa Trust...

2. [2019] NZEnvC 095 View West Limited v Auckland Council [pdf, 5.2 MB]

   ...radio reports indicating that emergency works were required at the building; (b) Mr O'Connor advised the Court the reports were somewhat exaggerated but acknowledged that the matter had been in the Court for some six months at the parties request while they participated in mediation and undertook investigations; (c) There was discussion at the telephone conference as to what progress had been made, and Mr O'Connor for the Council advised that the Council was undertaking...

3. [2022] NZEmpC 138 Pilgrim v Attorney-General [pdf, 247 KB]

   ...through that exercise I do not consider that the grounds for the application have been sufficiently made out, and the application is accordingly declined. My reasons follow. The applicable test – apparent bias [4] Apparent, not actual, bias forms the basis for the application. As noted by counsel for the Gloriavale defendants (Mr Skelton QC), the leading case on apparent bias is Saxmere Company Ltd v Wool Board Disestablishment Company Ltd.2 There 1 Courage v Attorney-Gen...

4. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

   ...[26] On 21 December 2017, Mr DV sent an “update on proceedings” to Mr AW in which he summarised and reported on progress to date. He advised that he and Dr FN had reviewed the email and text communications provided to them by Mr AW and had formed the view that ‘there [was] an arguable case that the [CC]s acquired the land by means which were unlawful’. [27] Mr DV advised Mr AW of possible causes of action, being: (a) Oppressive conduct. (b) Breach of fiduciary obligations...

5. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

   ...McDonald, set out above. [26] By 26 May 2023, when the complainant viewed the website, he saw that it had a view-counter indicating it had been viewed 685 times. The complainant had by this time retained legal counsel who wrote to Mr Jindal on 20 April requesting that the webpage be taken down, an apology be made to Mr [Y] and Mr [Y’s] legal costs be paid. [27] Mr Jindal responded the same day refusing to take down the website. His response included the comment: “I will keep th...

6. Glossary

   ...change a decision of a lower court or tribunal. appellant A person who makes an appeal. appellant court  A court to which an appeal is made. applicant A person who applies to a court for an order, direction or decision. application The act of making a request. Also the name of the document that contains the request. Back to top B bar The practising members of the legal profession. bail The release of a person from custody on the condition that they show up in court when next required and a...

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7. [2007] NZEmpC 37A/07 Yong t/a Yong and Co Chartered Accountants v Chin [pdf, 20 KB]

   ...the seven days prescribed by Judge Perkins. [3] On 3 July 2007, the Registrar sent the following email to Mr Orlov: A memorandum in relation to costs is overdue. Please advise the registry whether you wish to file it and if so, please submit a request for an extension of time. [4] Mr Orlov did not reply to this email or take any further steps with respect to costs. In a telephone conference I held with the representatives on 29 August 2007, Mr Orlov accepted that it wa...

8. [2011] NZEmpC 82 Mason Engineers NZ Ltd v Hodgson [pdf, 52 KB]

   ...the plaintiff must also serve the proceedings, a copy of this judgment, and the orders immediately on the defendant’s father and the defendant’s husband. If the defendant makes contact with either of the banks affected by the orders made, I request that those banks draw the existence of the proceedings, and the reasons for judgment in particular, to the defendant’s attention, including my strong recommendation to her that she takes legal advice about her circumstances. [11]...

9. [2012] NZEmpC 141 Transpacific v Harris and Green [pdf, 58 KB]

   ...2012, a full Court is to determine the validity in law of a covenant contained in the employment agreements of Messrs Harris and Green (and of numerous other employees of Transpacific Industries Group (NZ) Limited), purporting to prohibit them as former employees from working for Transpacific’s competitors in business for specified periods after the end of their employment. [3] Transpacific does not wish Messrs Harris and Green, and Smart Environmental Limited (which is a competit...

10. [2008] NZEmpC CC 3/08 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 18 KB]

    ...agreed that we should deal with costs in both the Authority and the Court. [3] In his initial memorandum on behalf of the plaintiffs, Mr England sought to have costs fixed solely by reference to the High Court Rules for civil matters. Following a request from the Court, Mr England filed a second memorandum setting out the actual costs incurred by the plaintiffs and providing information about how those costs were made up. [4] The costs actually incurred by the plaintiffs...