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SUMMARY Case: Tabram & Anor v Slater & Ors – COSTS DECISION File No: TRI 2007-100-000041/ DBH 05001 Court: WHT Adjudicator: S Pezaro Date of Decision: 27 June 2009 Background The Tribunal has jurisdiction under s91 of the Weathertight Homes Resolution Services Act 2006 to make an award for costs. Under that provision there is a clear presumption that costs lie where they fall unless incurred unnecessarily as a result of either bad faith or allegations that are...
...to determinations of the Employment Relations Authority AND IN THE MATTER OF application for orders preventing solicitors continuing to represent the defendant in these proceedings AND IN THE MATTER OF an application for costs BETWEEN H First Plaintiff AND C Second Plaintiff AND RPW Defendant Hearing: On the papers Appearances: C Sawyer, counsel for plaintiffs S Hood, counsel for defendant Judgment:...
...TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2020] NZEmpC 216 EMPC 310/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN SHANE HATCHER Plaintiff AND BURGESS CROWLEY CIVIL LIMITED Defendant Hearing: On the papers Appearances: LE Hansen, counsel for plaintiff T Wano, counsel for defendant Judgment:...
...The Tribunal hereby orders that the Respondent, ZWP, must pay the Applicant, ADK, $5,574.56 (including GST) within seven days of the date of this order. Facts [1] On Wednesday 16 March 2011, ADK provided ZWP with an overview of costs to undertake landscaping and gardening work at her home in Auckland. The costs overview was incorporated in an email entitled “Garden quote”. ADK maintains his email was an estimate. The total price for the work described in the e...
...AT HAMILTON BEFORE: Mr RPG Haines QC, Chairperson Ms PJ Davies, Member Mr MJM Keefe JP, Member REPRESENTATION: Mr MD Benefield for Plaintiff Ms RA Webster for Defendant DATE OF DECISION: 17 April 2014 DECISION OF TRIBUNAL ON COSTS APPLICATION BY PLAINTIFF Background [1] Following a teleconference held on 30 September 2011 these proceedings were heard at Hamilton on 19 December 2011. By Minute dated 31 October 2013 the parties were invited to update their sub...
...(ENV-2016-WLG-000012) Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Hearing: In Chambers at Wellington Date of Decision: 9 August 2017 Date of Issue: 9 August 2017 COSTS DECISION OF THE ENVIRONMENT COURT A: Costs applications declined REASONS Introduction [1] On 9 March 2016 Horowhenua District Council (the District Council) filed an appeal to the Court against a decision of Manawatu-W...
...DEBORAH WAXMAN PLAINTIFF AND JITENDRA PAL DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms LJ Alaeinia, Member Mr BK Neeson JP, Member REPRESENTATION: Dr D Waxman in person Dr J Pal in person DATE OF COSTS HEARING: Heard on the papers DATE OF DECISION ON APPLICATION FOR COSTS: 25 January 2017 DECISION OF TRIBUNAL ON APPLICATION BY DEFENDANT FOR COSTS 1 Introduction [1] In Waxman v Pal [2016] NZHRRT 28 (11 August 2016...
...Resource Management Act 1991 GRAVATT FAMILY TRUST (ENV-2017 -AKL-000001) Appellant PIERAU Respondent Court: Principal Environment Judge LJ Newhook, on the papers Date of Decision: Date of Issue: DECISION OF THE ENVIRONMENT COURT ON COSTS A: Costs application refused. B: Costs to lie where they fall. REASONS Introduction [1] The Respondent, Mr Pierau, was refused consent by Auckland Council to hold a range of events on the southern part of his 31.8437Ha rural site a...
...CHARLES SIDWELL (ENV-2019-AKL-321) AND Applicant THAMES-COROMANDEL DISTRICT COUNCIL Respondent Enviromnent Judge J J M I Iassan In Chambers at Christchurch Date of Decision: 9 March 2021 Date of Issue: 9 March 2021 DECISION AS TO COSTS A: Under s285 RMA,1 Dr Anthony Charles Sidwell is ordered to pay to the Thames-Coromandel District Council costs of $7,500.00. 13: Under s286 RMA, this order may be filed in the District Court at Thames for enforcement purposes (if ne...
...EMPC 9/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for stay of proceedings AND IN THE MATTER OF an application for security for costs and stay of proceedings BETWEEN DE KAI LU First Plaintiff AND YUZHEN QIU Second Plaintiff AND REBECCA YOUNG Defendant Hearing: On the papers Appearances: First plaintiff in person an...