Search Results

1. [2021] NZEnvC 135 Caradoc-Davies v Clearwater [pdf, 213 KB]

   ...papers in chambers in Auckland Last case event: 31 May 2021 2 Date of Decision: 7 September 2021 Date of Issue: 7 September 2021 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT ON COSTS _________________________________________________________________ A: Costs are to lie where they fall. REASONS Background [1] In April 2017 the Applicants1 filed three separate applications before this Court. These applicati...

2. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...OHLSON, DAVID MOKOMOKO, BENJAMIN POMARE AND GLENN TAIT Hearing: by memoranda filed on 30 November, 20 and 22 December 2010 Judgment: 21 February 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff has challenged a costs determination 1 of the Employment Relations Authority (the Authority) under which the Authority made an award of costs in favour of the defendants in the amount of $21,000. The plaintiff submits that the award of costs should ha...

3. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...Täkitimu MB 227 5 June 2013, 24 Täkitimu MB 97 3 December 2013 (Heard at Hastings) Appearances: B Fletcher for the Applicant M Wenley for the Respondent Judgment: 7 July 2014 RESERVED JUDGMENT OF JUDGE L R HARVEY ON COSTS Solicitors: Quentin Davies & Brian Fletcher, Gascoigne Wicks, PO Box 2, Blenheim qdavies@gwlaw.co.nz bfletcher@gwlaw.co.nz Michael Wenley, Willis Toomey Robinson Lawyers, P...

4. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

   ...(ENV-2011-CHC-138) Appellants CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Hearing: In Chambers at Christchurch Date of Decision : 9 March 2018 Date of Issue: 9 March 2018 A: DECISION OF THE ENVIRONMENT COURT AS TO COSTS Under section 285 of the Resource Management Act 1991 , the Environment Court orders that D R Mcintyre and Waitaki Trustees Golden Acres Ltd are to pay Uointly and severally): (a) $32,500 to Mackenzie Guardians Incorpor...

5. [2010] NZEmpC 23 Metallic Sweeping (1998) Ltd v Whitehead [pdf, 46 KB]

   ...9 January 2009 the Employment Relations Authority at Auckland found against Mr Whitehead in an employment relationship problem submitted to it. Mr Whitehead’s allegation that he was constructively dismissed was not upheld. [2] The issue of costs was reserved with the parties having 28 days to make submissions if the issue could not be resolved between them. Well after the expiry of that time limit, counsel for the plaintiff (“Metallic”) (respondent in the proceedings befor...

6. Pouwhare v Auld - Oparau No 1 Block and Pirongia West 12B3D (2015) 95 Waikato Maniapoto MB 167 (95 WMN 167) [pdf, 270 KB]

   ...Waikato Maniapoto MB 256-266) judicial telephone conference Appearances: Ms K F Shaw, Counsel for the Applicant Mr S Laubscher, Counsel for the Respondent Judgment: 16 March 2015 RESERVED JUDGMENT OF JUDGE S R CLARK AS TO COSTS Copies to: Ms K F Shaw, Harkness Henry Lawyers, Private Bag 3077, Hamilton 3240, karen.shaw@harknesshenry.co.nz Mr S Laubscher, Lamb Bain Laubscher Lawyers, P O Box 412, Te Kuiti 3941, sam@lbllaw.co.nz Mr M Hammond, Tompkins W...

7. [2019] NZEnvC 038 Hawke's Bay Fish & Game Council v Hawke's Bay Regional Council [pdf, 277 KB]

   ...COUNCIL (ENV-2013-WLG-OS4) Appellant HAWKE'S BAY REGIONAL COUNCIL Respondent Court: Environment Judge J ... 1 M Hassan Hearing: In Chambers at Christchurch Date of Decision: 8 March 2019 Date of Issue: 8 March 2019 DECISION AS TO COSTS A: The application for costs by Te Tumu Paeroa (on behalf of the Maori Trustee for Poukawa, a 13B Maori Trust Board) is declined. REASONS Introduction [1] Te Tumu Paeroa (on behalf of the Maori Trustee for Poukawa, a 13B Maori Tru...

8. [2021] NZACC 181 – Tonga v ACC (8 November 2021) [pdf, 308 KB]

   ...following the decision of His Honour Judge McGuire delivered on 29 October 2020.1 [2] The first application from Sosaia Tonga (“Tonga LTA”). This application deals with two issues, whether a ‘deemed decision’ should have been made and, whether costs should 1 Tonga v Accident Compensation Corporation and Alliance Group Limited [2020] NZCC 137. have been awarded. The second application for leave to appeal is from Alliance Group Limited (“Alliance LTA”). This...

9. D (D G Family Trust) v IAG New Zealand Ltd [2019] CEIT-2019-0037 [pdf, 605 KB]

   ...Colette-Moxon and S McIntyre for the first respondent. R Smedley for the second and third respondents S Galloway for the sixth respondent. ___________________________________________________________________________ DECISION # 3 OF C P SOMERVILLE [Costs award for Stage 1 hearing] Dated May 2021 ___________________________________________________________________________ Table of Contents Overview ...........................................................................

10. [2021] NZEnvC 041 Reid v Bay of Plenty Regional Council [pdf, 678 KB]

    ...Date of Issue: Applicant BAY OF PLENTY REGIONAL COUNCIL First Respondent HARBOUR RIDGE DEVELOPMENTS LIMITED Second Respondent Chief Environment Court Judge DA Kirkpatrick Environment Commissioner S M Myers Tauranga on 24 November 2020 Costs submissions received 21 & 24 February and 9 & 16 March 2021 SD Reid M H Hill for Bay of Plenty Regional Council A E Nolan and RE Kettelwell for Harbour Ridge Developments Limited 0 7 APR 2021 O 7 APR 2021 DECISION OF THE...