Search Results

1. CC v LL [2021] NZDT 1693 (28 May 2021) [pdf, 87 KB]

   ...has yet to put the deposit in once he does I’ll refund your deposit.” However, LL subsequently informed CC that a few buyers had backed out, so he would not be refunding the deposit. 3. CC now claims a refund of $500.00 together with his $45.00 filing fee. The issue to be determined is whether LL is obliged to refund the deposit. Is LL obliged to refund the deposit? 4. An exchange of promises can form a legally binding agreement. A contract need not be in writing; an agreement can...

2. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...https://www.courtsofnz.govt.nz/going-to- court/practice-directions/practice-notes/all-benches/protocol-for-remote- viewing-of-hearings/ 23. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification. Filing of documents 24. All filing of Court documents should be by email, or by File and Pay, if possible at https://www.courtsofnz.govt.nz/file-and-pay/. However, documents can also be filed by post and received o...

3. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...https://www.courtsofnz.govt.nz/going-to- court/practice-directions/practice-notes/all-benches/protocol-for-remote- viewing-of-hearings/ 23. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification. Filing of documents 24. All filing of Court documents should be by email, or by File and Pay, if possible at https://www.courtsofnz.govt.nz/file-and-pay/. However, documents can also be filed by post and received o...

4. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...foreseeable and reasonable step is to file a claim in the Disputes Tribunal when negotiations fail. It is not economic to incur legal fees greater than the dispute, or even to a significant proportion of the dispute. The Disputes Tribunal results in a filing fee, but no more legal fees, and a District Court order to resolve the matter. Therefore, it is not a necessary or reasonable consequence of the failure of the System that Ms E incurred such high legal fees. I have awarded $1...

5. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...existing house and driveway. Lot 2 is at the back of Lot 1, with access via an unformed right of way over the western edge of Lot 1. In this plan, Lot 2 is 4090m2 and Lot 1 is 4109m2. 8. NH and FN engaged O Ltd (IB) to assist with preparing and filing the resource consent application. They provided a copy of ZB’s plan to IB. 9. Part of the information required for the resource consent application was a stormwater report. This work was carried out by M Ltd (EV). 10. The applica...

6. [2024] NZEnvC 160 Evans v Marlborough District Council [pdf, 276 KB]

   ...seeks a relatively high award of costs in the sum of $67,438, that being 60% of the costs incurred ($112,394.63 incl GST), plus disbursements for expert witness costs totalling $9,225.04 and other disbursements relating to the Environment Court filing and scheduling fees, printing/copying costs and title searches. [4] Grounds are stated as being that: (a) many of the arguments advanced by the Council were without merit; (b) the way the Council conducted itself in response to the a...

7. NS v OA Ltd [2023] NZDT 110 (26 June 2023).pdf [pdf, 180 KB]

   ...be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a suppo...

8. Young people & infringement fines: a qualitative study [pdf, 139 KB]

   ...should be better informed as to how infringement fines are viewed by those people who are “experts” in accumulating them. Each year, New Zealanders receive about 2.7 million infringement offence notices. The majority of people pay the relevant fee to the prosecuting authority within the time allowed. A few request a court hearing to contest the notice or seek a reduction in penalty. A somewhat larger number however, just do not pay. About 37% of infringements by volume, or 54% by value,...

9. LCRO 28/2021 RW v BD and Law Firm A (3 May 2022) [pdf, 330 KB]

   ...Agreement was not required. Due to the trust that they had for each other, a Property Agreement referred to previously in paragraph 3 above would be sufficient. Accordingly Mr BD proceeded on that basis.” [20] Ms EC then refers to Mr BD’s file notes, discussed at paras [62]–[80] in this decision. [21] Ms EC advises that “at the meeting of 27th July 2018 where the Deed of Variation of the Property Sharing Agreement was signed by both parties, the issue of the differen...

10. Austell v Somerset LCRO 76 / 2009 (2 September 2009) [pdf, 113 KB]

    ...in that he acted in a conflict of interest situation in breach of r 1.03, 1.04 and 1.07 of the Rules of Professional Conduct for Barristers and Solicitors. The Committee imposed orders censuring Mr Austell, imposing a fine of $2000, reducing his fees to $1.00 (including ordering a refund of fees paid), imposing costs, and ordering publication. In his application for review Mr Austell accepted that the finding of the Committee as to conduct unbecoming was open to it and did not see...