Search Results

1. [2007] NZEmpC AK 40/07 Clear v Waikato DHB [pdf, 60 KB]

   ...commence a challenge by way of a de novo hearing against a determination of the Employment Relations Authority at Hamilton on 13 February 2007. Through oversight on behalf of both the plaintiff and her counsel, Mr Hammond, the period of time for filing a challenge against the determination was allowed to expire. The Court has a discretion to grant leave conferred by s219 of the Employment Relations Act 2000. In anticipation of leave being granted, the plaintiff has filed with the...

2. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   ...with High Court Rules 7. At paragraphs 2.3 and 2.4 of his memorandum, counsel for the first respondent draws an analogy with the provisions of rule 20.4 of the High Court Rules. He notes that the rule provides for a 20 working day time limit for filing an appeal in the High Court and provides the Court with a power to extend the time for filing an appeal. He notes, by way of contrast, that the Act [the Real Estate Agents Act 2008] contains no such provision or power for appeals to the...

3. Wilson [pdf, 22 KB]

   ...not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: • The application for review and attached information. • The letter dated 13 August 2009 from Johnson Pritchard Fee and Partners to the Chief Executive. • The assessor’s report dated 24 April 2009. • The letter from Scott Murray of the Department of Building and Housing to the claimants dated 24 August 2009 advising that the Chief Execut...

4. CX-v-XC-Law-Firm-2015-NZDT-885-16-July-2015 [pdf, 118 KB]

   ...contacted DD two or three days prior to the mediation to be held on 11 March 2014 and asked DD to attend the mediation with him. The two men met for two hours the day before the mediation (on which date a letter of engagement was given to CX detailing fees and terms), and spent approximately seven hours at the mediation itself on 11 March. [3] The following day there were two lengthy phone conversations between the parties about the settlement reached at mediation. CX signed the...

5. Johnston v Hawea - Poukawa 13B Trust (2008) 193 Napier MB 243 (193 NA 243) [pdf, 136 KB]

   ...for rehearing that I have before me. [10] I t1lerefore dismissed this application at hearing advising that I would provide reasons later. The above constitutes t1lOse reasons. The application by the Johnston faction [11] This application was filed in very broad terms and drafted by Mr Hawea on behalf of the tmstees without legal advice. Botll in his application and in person Mr Hawea attacked the judgment in its terms, basically on the basis that it was wrong in fact and in tikang...

6. Tane-Stockler - Hauturu East 8 (2003) 122 Otorohanga MB 17 (122 OT 17) [pdf, 288 KB]

   ...cannot make the orders sought. For this COpy TO: A01-6870121 Minute Book: 122 or 21 reason the application is dismissed. The applicants may in writing, if they obtain title, seek reinstatement of the application without payment of furthei fee. Dated at Hamilton this 12th day of December 2003 . .. ~ ........... . JUDGE G D CARTER All persons who appeared and all persons whose attendances are recorded on the address list

7. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...[3] FB now claims $1,479.60 against both TY and TYY by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. Issues (a) Does this dispute cover issues already determined by the Motor Vehicle Disputes Tribunal? Does the Disputes Tribunal have jurisdiction to hear this claim? (b) Did TY have apparent authority to act on TYY’s behal...

8. Waikato Bay of Plenty Standards Committee 2 v W [2014] NZLCDT 14 (1 April 2014) [pdf, 81 KB]

   ...the Standards Committee, counsel for the Standards Committee, Mr Hodge, has, in our view, established this particular to the necessary standard of proof on the balance of probabilities. [12] The remaining particulars, namely three, ‘obtaining fees directly from a client while a barrister’, and five, ‘failing to render an invoice’, were admitted by the Practitioner. And thus all three fall for consideration under the two charges. [13] Having heard the matter and read the...

9. [2025] NZEmpC 92 Happy Belly Production Limited v Dawson [pdf, 187 KB]

   ...strongly contested this. The Authority found that there was insufficient evidence to establish that Mr Dawson had failed to be ready, willing and able to work the agreed minimum of 40 hours as rostered by the company. Having reviewed the material filed in support of, and in opposition to, the challenge I have reached the same conclusion. [20] Mr Dawson was unpaid for some of his time with the company. The material on the challenge supports quantification at 64.5 hours. It is a...

10. AG & AH v BG & BH LCRO 52 / 2012 (19 July 2013) [pdf, 114 KB]

    ...of letter dated 11 April, which was then sent to BAB on 15 April 2011. [15] On the same day (15 April 2011), the Legal Standards Officer wrote to Mr ZC, who was the then Convenor of the Committee. That letter said:3 I enclose a copy of my small file in this matter. Unless I am reading it incorrectly, this complaint concerns costs only but covers a number of factors that give rise to the composition and structure of those bills of cost. Both are under the statutory limit and pro...