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1. LCRO 76/2020 FV v GT (23 July 2021) [pdf, 269 KB]

   ...hearing. (k) The liquidators informed Miss FV, when they turned up to the company’s premises late on the afternoon of [redacted] 2018, that she should obtain legal advice as “this should not have happened.”. [16] Miss FV calculated her costs as a result of what she described as Mr GT’s negligence, as being $212,381.45. [17] Attached to Miss FV’s complaint were a number of documents, including relevant email exchanges between IRD and Mr GT. Response [18] Mr GT respond...

2. ORC & Fonterra Co-operative Group Ltd - EIC - Cain Duncan - 17 September 2021 [pdf, 3.1 MB]

   ...water. 36 There are different types of effluent storage facilities, however most are still in ground earthen ponds with a synthetic or clay liner. Above-ground steel, concrete and plastic storage tanks are becoming more popular due to their fixed cost and their location above ground making it easier to see any issues or leakages. 37 While there are different types of effluent storage facilities, the key requirements are the same for all of them, being that they are sealed to pr...

3. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

   ...[45] Only after almost six years of process, has she reluctantly and belatedly accepted that she did owe fiduciary duties to her siblings in her father’s estate. As to her mother’s estate, her precipitate haste to realise the term deposits cost the estate $36,000. We can see no reason for that unless she had an urgent need for funds and was willing to cost her siblings the loss, or if she saw a reason to avoid obtaining Probate. [46] Failures to maintain adequate records, to...

4. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

   ...in respect of his disadvantage grievance is not. [185] SCL is to pay Mr Kang remedies as follows: (a) $3,351.06 gross, under s 128 of the Act; and (b) $20,000 as compensation, under s 123(1)(c)(i) of the Act. [186] Finally, I turn to consider costs. On the face of it, Mr Kang is entitled to costs on a 2B basis, unless there are any particular factors of which the Court is unaware. Counsel should agree this issue. If that does not prove possible, I will receive memoranda....

5. [2022] NZACC 145 – Stojicevic v ACC (26 July 2022) [pdf, 434 KB]

   ...2020. The appellant agreed to provide a further report from an orthopaedic surgeon providing their clinical opinion and reason to why they considered that the labral tear was caused by the July 2018 accident. The Corporation agreed to pay the cost of obtaining that report and then, as soon as possible, issue a new decision. [59] Clinical advisor Ms Hughes commented on 26 May 2020 that cover for the disc prolapse had been sought on the January 2019 claim but MRIs showed that it...

6. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   CSN v ROYAL DISTRICT NURSING SERVICE NEW ZEALAND LIMITED [2022] NZEmpC 123 [11 July 2022] ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF PLAINTIFF AND OTHER PERSONS IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 123 EMPC 28/2022 IN THE MATTER OF an application for a declaration pursuant to s 6(5) of the Employment Relations Act 2000 BETWEEN CSN Pl

7. [2021] NZACC 14 - Folland v ACC (12 January 2021) [pdf, 241 KB]

   ...design, graphics, Word and Excel. He has partially completed a Bachelor or Information Technology. He has some relevant product knowledge together with some customer service experience. He can plan jobs, keep records, problem solve, calculate costs and be of service to others. He has a class I driver licence. He is vocationally ready for this job at entry level. [48] Mr Berry recorded Mr Folland’s comments as: I don’t know about sales and I only deal with old machines....

8. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...because s 75(1) of the Act requires the Authority to appoint as many committees as are required to deal “effectively” with complaints. The word “effective” means “achieving the results desired” and does not normally equate to the term “cost effective”. The purpose of the Act is not to promote the rationing of justice or to empower the Registrar to implement cost saving measures. The Registrar must be fair to complainants and keep foremost in mind the purpose of th...

9. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

   ...9 and 10, culminating in p 10, lines 23-24. 49 NoE p 30, lines 1-2. 50 NoE p 29, line 1. 51 Respondent’s Bundle 057 and 061. This information was sent to Ms Reid on 6 August 2018 and again on 12 October 2018. 19 • Whether outstanding costs emanating from the disciplinary hearings or complaints processes have been paid in full or an arrangement made to clear the debt. • Any other issues identified at the time of the application that may be relevant. [53] Despite that h...

10. Nelson Standards Committee v Grey [2023] NZLCDT 33 (4 August 2023) [pdf, 271 KB]

    ...social media using the name of a lawyer. Requests for information might be acceptable, but there is a risk of being seen as objectifying tragedy. Intrusive inquiry into the lives of bereaved is distasteful and undignified and to be avoided. Costs [60] The parties are to file submissions on costs within 21 days. DATED at AUCKLAND this 4th day of August 2023 D F Clarkson Chair 16 Annexure A Charge Nelson Lawyers Standards Commi...