Search Results

1. LCRO 113/2020 SM v YL (7 May 2021) [pdf, 141 KB]

   ...in his complaint. However he added that “it’s very clear that the [financial position in which he found himself] was created by Mr YL not following instructions and acting in [his] best interests.” [20] In a document which appears to have formed part of Mr SM’s complaint against Mr YL’s employers, Mr SM quantified the $25,000 loss that he said he had suffered, as follows: Extra loan to cover [the agreed retention] $10,000 Correcting the defective title: Surveyors cost...

2. Deputy Registrar v Teki-Clark - Tauakira No 2M No 4 (2024) 495 Aotea MB 123 (495 AOT 123) [pdf, 472 KB]

   ...whānau. [7] Orders relating to occupation of the two structures by the respective whānau are to be addressed separately, given that the Trust will need to be involved. I will also address the vesting of both structures into whānau trusts as requested by the respective whānau when I address occupation rights. [8] I now provide my reasons for my ownership findings. 1 Nicholson v Pene – Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140). 495 Aotea MB 126 Te T...

3. VR v AL LCRO 236 / 2012 (31 May 2013) [pdf, 115 KB]

   ...hearing was initially scheduled for 2 May 2013. However, this Office had difficulties communicating with Ms VR until immediately prior to the hearing when an email was received from Mr VR advising that Ms VR no longer resided in New Zealand. He requested advice as to whether or not a telephone conference was possible. [24] In a direct communication with Ms VR by the Case Manager, it was initially arranged that she would attend the hearing by telephone. However, she subsequently...

4. Hiroti - Estate of Parahi Hhiroti [2016] Chief Judges MB 711 (2016 CJ 711) [pdf, 245 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [11] The applicant has requested that the Chief Judge amend the order that is the subject of this application. The burden of proof is on the applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of...

5. Ram v Tan [2017] NZIACDT 18 (26 September 2017) [pdf, 243 KB]

   ...the complaint, which Ms Aasa did not do. [16] Mr Tan acknowledged the principles relating to monetary penalties, particularly, that they are not the same as fines in that they will not survive bankruptcy. However, Mr Tan provided evidence in the form of an affidavit regarding his financial circumstances. The key points being: [16.1] The company that operated the practice was not trading and accumulated tax losses of some $25,000. [16.2] He is a full-time student without employme...

6. Peng v Tan [2017] NZIACDT 19 Peng v Tan (26 September 2017) [pdf, 244 KB]

   ...the complaint, which Ms Aasa did not do. [16] Mr Tan acknowledged the principles relating to monetary penalties, particularly, that they are not the same as fines in that they will not survive bankruptcy. However, Mr Tan provided evidence in the form of an affidavit regarding his financial circumstances. The key points being: [16.1] The company that operated the practice was not trading and accumulated tax losses of some $25,000. [16.2] He is a full-time student without employme...

7. Sidhu v Tan [2017] NZIACDT 20 (26 September 2017) [pdf, 244 KB]

   ...the complaint, which Ms Aasa did not do. [18] Mr Tan acknowledged the principles relating to monetary penalties, particularly, that they are not the same as fines in that they will not survive bankruptcy. However, Mr Tan provided evidence in the form of an affidavit regarding his financial circumstances. The key points being: [18.1] The company that operated the practice was not trading and accumulated tax losses of some $25,000. [18.2] He is a full-time student without employme...

8. LCRO 151/2017 NS v ET (12 March 2019) [pdf, 130 KB]

   ...Introduction [1] Mr NS has applied to review a decision of [City] Standards Committee [X] (the Committee), in which the Committee made a finding of unsatisfactory conduct against him. This followed a complaint that had been made against Mr NS by his former client, Mrs ET. Background [2] In [date] Mrs ET was involved in a motor vehicle accident when an oncoming vehicle crossed the centre line and collided with hers. This event triggered a series of complex medical issues for...

9. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...element of novelty or difficulty about them. Quantum [41] Having determined that there are Bielf?y factors and other factors warranting an award of costs, I turn to quantum. [42] SKF does not dispute the overall reasonableness of the costs claimed by either KPBL or the Council. However, it submits that despite adjustments to costs claimed in respect of many invoices, some include attendances relating to mediation,39 and others to the hydrodynamic modelling report by DHI Limited...

10. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

    ...September 2019. However, the plaintiff denies it was involved in this agreement, the implication being that the contractual relationship was between Mr Chen and the Church, not Mr Chen and the Trust. The plaintiff says the Trust paid Mr Chen at the request of the Church. [12] The plaintiff also says that was a fixed term arrangement which ended on 31 March 2022 and the Trust therefore stopped paying Mr Chen at that time.3 [13] Mr Chen says he was unjustifiably dismissed. [14] T...