Search Results

1. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...Waipuka 2T3 Block and the associated marae, should be implemented. [38] If it would assist the parties, I would be prepared to appoint a facilitator to assist them to resolve the issues regarding vehicular speed on the Roadway, and for the associated costs to be met by the Special Aid fund. Any such appointment would be limited to addressing the immediate concerns regarding vehicular speed, as the broader issues regarding the Roadway will be determined in the substantive application...

2. Cameron - Lot 1 Deposited Plan 15331 (part claim 61) (2019) 54 Te Waipounamu MB 130 (54 TWP 130) [pdf, 320 KB]

   ...Hedgehope Ahu Whenua Trust. [57] There is an order under s 240 for removal of Lisa Rickus as a trustee of the Hedgehope Ahu Whenua Trust. [58] There is an order dismissing the application for appointment of trustees. [59] There is no order as to costs. [60] A copy of this decision is to be provided to all parties. Pronounced at 1:00pm in Christchurch on this 15th day of April 2019. S F Reeves JUDGE

3. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...elusive because if she does provide evidence to support the claim of a long relationship then that will mean that her claims against the estate for income should be filed under the Family Protection Act 1955 and not in this Court. Plainly, if the costs of proceeding in an alternative jurisdiction exceeds the likely income to the estate, then a sense of futility could start to emerge. [24] There may be alternative options available. Ms Hallett should obtain legal advice as to wha...

4. LCRO 40/2018 RS v DL (27 June 2019) [pdf, 173 KB]

   ...Client Care) Rules 2008, r 8.4(g). 9 [56] In Lawyers’ Professional Responsibility, the learned author said:7 A client who institutes proceedings against a lawyer for breach of duty (whether contractual, tortious or equitable), or to recover costs paid, is treated as having waived the right to confidentiality (and legal professional privilege) in relation to the matters he or she has put in issue by pursuing the claim. This is premised on grounds of procedural fairness; lawyers un...

5. LCRO 20/2019 OT v GA (25 January 2021) [pdf, 171 KB]

   ...witnesses to back up his claim. On closer examination it became clear that the oral variation claim was very unlikely to succeed. It was pointed out to Mr OT that because of the difficulties with his claim, and his failure to put in place a satisfactory cost payment arrangement, our recommendation was that he concede the claim. Notwithstanding this he insisted on proceeding to a defended hearing and that I appear. It was a difficult decision but I agreed to appear to allow Mr OT to pu...

6. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [pdf, 225 KB]

   ...the person from reapplying for a licence for a period not exceeding 2 years, or until the person meets specified conditions: (f) an order for the payment of a penalty not exceeding $10,000: (g) an order for the payment of all or any of the costs or expenses of the investigation, inquiry, or hearing, or any related prosecution: 4 Immigration Advisers Licensing Act 2007. 7 (h) an order directing the licensed immigration adviser or former licensed immigration adviser to re...

7. [2020] NZREADT 54 - Beath v The Real Estate Agents Authority (29 October 2020) [pdf, 273 KB]

   ...other disciplinary Tribunal, on consolidation. It is apparent from High Court authorities that considerations that the Tribunal may take into account in exercising its discretion whether to order consolidation will include: [a] Whether time and cost for the parties, and the Tribunal, will be saved if consolidation is ordered. This was noted as a factor in favour of consolidation in Medlab Hamilton Ltd v Waikato District Health Board. 7 [b] Whether judicial resources will be used...

8. Boon v McQueen - Waiwhakaata 3E6 Section 4B2 (2021) 214 Waikato Maniapoto MB 1 (214 WMN 1) [pdf, 236 KB]

   ...trustees who have been, or are to be, appointed as authorised signatories for the trust. These documents must be signed within two weeks of the date of this decision. [31] None of the parties were legally represented. There is no order as to costs. I whakapuaki i te 2.45 pm i Tauranga, tekau mā waru o ngā rā o Kohi-tātea te tau 2021. D H Stone JUDGE

9. Otimi v Fa'uhiva - Hauhungaroa 1A3 (Poukura Pā) (2018) 394 Aota MB 182 (394 AOT 182) [pdf, 363 KB]

   ...Poukura Pā. [43] Following that, a special sitting will be convened for hearing an application for the appointment of replacement trustees. [44] Leave is reserved for any party to seek further directions at any time. [45] There is no order as to costs. Pronounced at 11.45am in Rotorua on Monday this 24th day of December 2018 L R Harvey JUDGE

10. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

    ...the Tribunal may impose sanctions pursuant to s 51 of the Act. [68] A timetable is set out below. Any requests that Mr Guich undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [69] The timetable for submissions will be as follows: (1) The Registrar, the complainant and Mr Guic...