Search Results

1. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...$600 was refunded. The Complainants then disputed the fees charged as they did not accept the balance of the deposit was required for fees in relation to work undertaken. [50] The Adviser said he believed he had promptly sent the complainants the forms and matters had moved to the termination of the instructions before he realised the process of engagement may not have been completed. By the time there was a dispute it was obviously not appropriate to seek to have the agreement signed....

2. [2018] NZEmpC 28 Megan Jaffe Real Estate Ltd v Kelland [pdf, 308 KB]

   ...for Services”. The heads of agreement recorded that Ms Kelland would work as a “licensee salesperson” in accordance with the contract for services agreement. [16] The contract for services agreement is said to be a standard form document used by Ray White Real Estate Ltd, for its salespeople.3 It refers to Ms Kelland as a “Licensee Salesperson”. The agreement goes on to state that “[i]t is acknowledged that the Licensee Salesperson is an independent cont...

3. Broughton - Kahurangi Trust (2021) 434 Aotea MB 131 (434 AOT 131) [pdf, 262 KB]

   ...new trustee, Christine Luke. [4] Ms Wotton opposed this application on the basis of ongoing disputes amongst the trustees, inadequate notice of meetings, unilateral decision making and a lack of a quorum for trust hui. In addition, Ms Wotton claimed that from time to time, owners attended trustee meetings which she considered impeded the ability of trustees to undertake their tasks prudently. Ms Wotton also submitted that there were delays and failures in attending to contract n...

4. Carley - Succession to Herbert Adams [2021] Chief Judge's MB 1264 (2021 CJ 1264) [pdf, 343 KB]

   ...made by Rachel Olga Carley, Mary Fay, Georgina Helen Carley and Jane Louise Callendar (the applicants) pursuant to s 45 of Te Ture Whenua Māori Act 1993 seeks to amend an order made at 74 Taupō MB 83-85 dated 2 February 2001. [2] The applicants claim that the order is incorrect because of a mistake, error or omission in the presentation of facts of the case before the Court, as set out in the Registrar’s Preliminary Report and Recommendation. [3] The applicants claim they are ad...

5. [2022] NZEmpC 165 Halse v Employment Relations Authority [pdf, 264 KB]

   ...Security’s lawyers had sent a cease and desist letter to Mr Halse.4 [8] First Security had sought the making of takedown orders against Mr Halse and the company with which he was associated, CultureSafe New Zealand Ltd (CultureSafe). They also requested orders that Mr Halse and CultureSafe not contact the company and its management directly, and that communications on behalf of Ms Kennedy be sent to First Security’s lawyers, Duncan Cotterill. [9] First Security asserted it ha...

6. Edmondson v Accident Compensation Corporation (Personal Injury) [2024] NZACC 183 (19 November 2024) [pdf, 212 KB]

   ...reassured her that structurally her heart is normal. I have suggested she starts Cochicine 0.5mg twice daily in order to hasten the recovery from any element of pericarditis. [17] On 20 September 2022, Dr Drexel filed an ACC18 medical certificate requesting cover for the additional diagnosis of acute pericarditis. [18] On 7 December 2022, Dr Helen Shrimpton, Medical Advisor, advised: 1 Is there sufficient clinical evidence to support the diagnosis of ‘acute pericarditis’?...

7. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...shares of Moeka Myra Moke on his own and his solicitor drew up a draft sale and purchase agreement to that affect in 1989. Mrs Ormsby then approached him in late 1989 and asked to have a place on the land to build. Mr Tuwhangai queried whether her request extended to the rest of her whānau and Mrs Ormsby advised they would not go there as they homes in Tokoroa. Mr Tuwhangai noted that he and Mrs Ormsby had grown up together and she was like a sister to him. He also ho...

8. Tangitu - Parish of Te Puna Lot 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) [pdf, 1.2 MB]

   ...the block signed notices supporting the applicant's position, and the Court must give solid weight to the evidence provided by those notices. The applicant acknowledged that he had sent notices to about 30 owners. In terms of the consents forms signed by Jean Smith, Lena Nabbs and Bill Borell I think the only safe position for the Court, given the questions raised over those consents, is not to take them into account. While Mr Borell originally applied for the reservation he did...

9. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

   ...the parties to participate in mediation and attempt in good faith to reach a resolution of their differences, by close of business on 30 September 2021. It was confirmed again that the investigation would be suspended in the meantime. At the request of ABC, the email was issued as a notice of direction, on 3 September 2021. [6] ABC then brought a de novo challenge to the notice of direction dated 3 September 2021, seeking urgency. She also sought a stay of the direction from the...

10. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

    ...Keenan was convicted of theft from the Ngāti Te Whiti Whenua Tōpū Trust (the trust) of almost half a million dollars, taken during the period he was the trust’s Chief Executive Officer (CEO).1 [2] Judge Harvey (as he then was) granted the now former trustees of the trust relief from liability per s 131 of the Trusts Act 2019, in relation to the financial losses caused by Mr Keenan’s theft. Judge Harvey reserved his decision on three separate but related liability and relie...