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1. RH v LV LCRO 189 / 2011 (25 September 2012) [pdf, 126 KB]

   ...fee of $3,000 but ended up charging the Complainant $3,900 which he paid. However, his dissatisfaction with the added charge was raised when the Applicant instructed a new lawyer (Mr S) some two years later. Mr S advised the Applicant that a costs complaint was out of time, but he assisted the Applicant to formulate other complaints against the Practitioner (Mr RH) to the New Zealand Law Society. [3] The complaints received by the Complaints Service included allegations that th...

2. [2014] NZEmpC 187 Walker v Delta Community Support Trust [pdf, 187 KB]

   ...privilege or litigation privilege, or both. The documents identified in the schedule are to be disclosed to the plaintiff within seven days of the date of this judgment. [47] Each party has been partially successful only; my provisional view is that costs should lie where they fall in respect of this interlocutory application. If either party wishes to submit otherwise, however, they should file an appropriate memorandum and evidence 14 days after the date of this judgment; the o...

3. Skipper v Skipper - Awanui Haparapara 9 Block (2017) 159 Waiariki MB 3 (159 WAR 3) [pdf, 239 KB]

   ...be made in favour of Ms Eru, based on John Skipper’s will. She further submitted that, although the house has burned down, it was insured under a replacement policy whereby the insurance company is obliged to reinstate the house or meet the cost of rebuilding it. The Court’s determination would therefore relate, as argued by Ms Insley, to the replacement house. Ms Insley further stated that if ownership of the house is not determined in favour of Ms Eru, the insurance money may...

4. Pomare v Pomare - Utakura No 8 (2016) 140 Taitokerau MB 39 (140 TTK 39) [pdf, 230 KB]

   ...Ben and you were advised of the situation you each contributed to paying the arrears of the mortgage to the Home Mortgage Company. Those arrears amounted to $7,698.00. You reached an agreement with Fred which included you and Bill meeting the costs of the repair of his Nissan Skyline motorcar (copy of the invoice for repair attached) in exchange for him transferring 45% of the shares to you and Ben equally. Under the arrangement you and Ben would take over the Home Mortgage Compa...

5. ENV-2016-AKL-000TBA Terra Nova Planning Limited v Auckland Council (Topic-056-057) [pdf, 742 KB]

   ...and use of the FUZ (rural zone) , subject to appropriate assessment against the Plan’s objectives and policies, and environmental effects. The Council has failed to undertake an adequate assessment of the provisions, including the benefits and costs of the environmental, economic, social and cultural effects that are anticipated from the implementation of the provisions, as required by sections 32 and 32AA of the RMA. c. There is no s.32AA evaluation for these decisions to change...

6. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

   ...Appellant’s solicitor which discuss the Vendor’s offer to settle his claim; Document 4 - an email from the Appellant’s solicitor attaching Document 1; Document 5- a valuation obtained by the Appellant regarding the alleged loss in value / cost of two on-street car parks; Document 6 - a statement from the previous owner of the property. The Appellant says that he received this letter in January 2018; Document 7 - a letter from Wellington City Council confirming that the...

7. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...4 he advised that funds were available. Barfoot’s nonetheless went ahead and banked the cheque. [b] The property was resold for a lesser price of $2.18m which left Mr Spring $95,000 out of pocket. This included additional mortgage costs and rental accommodation. Mr Spring sought compensation to cover his losses and for the agents to lose their licence. [13] The Complaints Assessment Committee (CAC) released its decision on 19 February 2015 (first CAC decision) in reg...

8. CAC 409 v Wong [2018] NZREADT 8 [pdf, 220 KB]

   ...they were “expired” forms. [9] Around the time that Mr Wong closed the Agency’s Papatoetoe premises Mr Ganesh asked him if he could use the trust account for real estate transactions. Mr Wong said that Mr Ganesh said he wanted to save the cost of maintaining a trust account. Mr Wong agreed to the use of the trust account on the basis that he would charge Mr Ganesh a fee of six percent of the commission Mr Ganesh received on each transaction. [10] On 16 March 2015 Mr Wong...

9. [2018] NZEmpC 98 Ovation NZ Ltd v The NZ Meat Workers and Related Trades Union [pdf, 343 KB]

   ...and serve a defence to counterclaim. Counsel should discuss directly the timing of this step, and advise the Court accordingly. I will resolve any issues if the parties are unable to reach agreement on this issue by the end of this week. [72] Costs are reserved. B A Corkill Judge Judgment signed at 5.00 pm on 20 August 2018

10. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

    ...original vendor. He seems to have been more concerned with making a quick sale and two commissions than in discharging his fiduciary duty. Mr Stokes submitted that he believed that he was assisting Mr and Mrs Mager to prevent them from incurring the costs of marketing and to obtain a price that they were happy with. The Tribunal accept that he may have considered this but he had an obligation to obtain the best price possible for the vendors – not just the fastest. Mr Stokes al...