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1. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...Second, the Trust‘s reports and Mr Shortland‘s comments at the AGM indicate that the Trust has yet to produce a dividend for its owners and may not be in a position to do so until the harvest of a second rotation. That is said to be because of the cost of re-planting and managing a second rotation of trees, and the Emissions Trading Scheme. Thus, the land is likely to be tied up for close to 60 years before it generates a tangible return to the beneficial owners. That seems ext...

2. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...explained above, which are basically the same as the conclusions reached by the Authority in its well-structured determination, Mr Thorne's dismissal was justifiable. He, therefore, fails in his challenge. [68] The defendant is entitled to costs. If they cannot be agreed Mr Chemis is to file submissions within 28 days and Mr McKenzie is to have a like period of time in which to file submissions in response. A D Ford Judge Judgment signed at 3.30 pm on 16 April...

3. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...(b) It is clearly misconduct to remove pages which potential customs might find off putting. Such non-disclosure risks a customer being unaware of material features of the property they are buying and risks them inadvertently incurring significant cost to rectify problems. Arguably, the sorts of information omitted from a LIM is precisely that likely to result in future problems. (c) Moreover, on the evidence of Mr McDougall, the Defendant bragged about having removed the pages....

4. Russell v CAC 10012 & Long [2012] NZREADT 16 [pdf, 153 KB]

   ...the level of committee of the Authority; and that this Tribunal should make an order prohibiting further publication of Mrs Long’s name in respect of this matter. However we decline to grant suppression of name for Mrs Long. [80] The issue of costs and disbursements does not seem to arise but we reserve leave to apply on any consequential matters. ______________________________ ______________________________ Ms J Robson Member _____________________...

5. CAC 10026 v Dodd [2011] NZREADT 1 [pdf, 184 KB]

   ...relationship the complainant and he kept separate bank accounts however their property was intermingled on a 50-50 basis. He said they signed a Section 21 Property (Relationships) Act Agreement which provided that they would share equally in the cost of living. [40] The defendant confirmed the purchase of the section at 7 Applecross Lane, Harewood and the building of a house for $208,600. [41] The defendant referred to the Lindsay Dodd Family Trust which was set up in July 1998 with...

6. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...affidavit dated 12 July 2012 Mr Martin deposed that during the course of pre- negotiation discussions with a real estate agent, they were told that the vendor Mr Colvin: ... was not willing to accept our offer because he had incurred significant legal costs having the land changed from Māori freehold land to general land. 59 Waikato Maniapoto MB 167 [46] However when questioned by me during the hearing, Mr Martin indicated that he couldn’t really remember those discussions and...

7. Waikato Bay of Plenty Standards Committee v A [2014] NZLCDT 77 [pdf, 581 KB]

   ...did not complete the transaction. The areas of doubt are not a reflection on the practitioner nor are they his responsibility. [54] The Tribunal accordingly finds that charge two is not proved. [55] Accordingly, the Tribunal further finds that costs should lie where they fall. Amendment of particulars [56] The applicant asked for amendment of the particulars of the charges at the commencement of the hearing. The respondent opposed the amendments. [57] At the conclusion of the...

8. January 2015 Outstanding applications [pdf, 253 KB]

   ...Judge A20140008782 45/93 Temihiora Violet Masri Reginald Makete - and succession orders made at 64 Waiariki MB 252-257 dated 15/10/2012 - Application to the Chief Judge A20140008837 58/93 Arthur Thorpe Gemmell Mohaka A4 Trust - and an order for costs made at 32 Takitimu MB 174-183 dated 7 July 2014 - Appeal A20140008849 45/93 Betty Louisa Regina Haenga Estates of Hana Te Urupa Petiha or Hana Te Urupa Patiki or Haenga; and Makahuri Petiha - and a successio order made at 60 G...

9. February 2015 Outstanding applications [pdf, 253 KB]

   ...Judge A20140008782 45/93 Temihiora Violet Masri Reginald Makete - and succession orders made at 64 Waiariki MB 252-257 dated 15/10/2012 - Application to the Chief Judge A20140008837 58/93 Arthur Thorpe Gemmell Mohaka A4 Trust - and an order for costs made at 32 Takitimu MB 174-183 dated 7 July 2014 - Appeal A20140008849 45/93 Betty Louisa Regina Haenga Estates of Hana Te Urupa Petiha or Hana Te Urupa Patiki or Haenga; and Makahuri Petiha - and a successio order made at 60 G...

10. McCarthy - Estate of Huia Maria McCarthy (2014) 88 Taitokerau MB 115 (88 TTK 115) [pdf, 532 KB]

    ...land interests and shares in the Incorporations referred to in recital7A and Maori Investments Limited have agreed to transfer the shares referred to in C above, then the plaintiff shall discontinue this proceeding on the basis that no party seeks costs against any other party. Signed by Samuel Siulagi McCarthy before: Witness signature: Witness name: Occupation: Address 050627 _Deed of Family Arrangement.doe ( \ , L Signed by Barbara Ann Makuini Hicks before: Witness...