Search Results

1. 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

2. 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...

3. [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...

4. Waikato Bay of Plenty Standards Committee 2 v W [2014] NZLCDT 14 [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...

5. 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...

6. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...an owner in the block. Rather, Mr Paerau is a beneficiary of the Te Iringa (Edith) and Bill Kidwell Whānau Trust (“the whanau trust”) which holds 0.4208 shares in the block. The history of the proceeding [5] On 1 August 2014, Mr Paerau filed an application seeking to enforce the trustees’ obligations in relation to this trust (“the substantive application”). 2 The substantive application was first heard on 27 January 2015. 3 During the course of that hearing, Mr Pa...

7. UY v Bunbury LCRO 17 / 2012 (4 March 2013) [pdf, 147 KB]

   ...it was described at the review hearing as a meeting where Mr UZ did all the talking and Mr UY nodded his assent. No documentation was prepared or signed by Mr UY to establish the extent of Mr UZ’s authority. Dr Bunbury cannot even produce a file note to record the substance of his first meeting with Mr UY. [34] I have formed the view that although Mr UY accepted it was in order for Mr UZ to instruct Dr Bunbury, he did not ever contemplate that Dr Bunbury was thereby relieved...

8. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...he and Mrs HR telephoned Mr OS to make that request. [17] He stated Mr OS had not had “contact” with Mrs C since 2011 when he prepared the second codicil to Mrs C’s will. He said because Mr OS did not remember Mrs C he had retrieved her file and proceeded to ask questions “to refresh his memory”. [18] He said on 8 November 2016, Mr OS forwarded to Mrs HR by email: (a) a “[s]uggested will”; (b) a “covering letter” from Mr OS to Mrs C; and 4 (c) Mr OS’s...

9. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...Police over claims of forgery against the trustees. Having heard from the parties, I adjourned the conference to issue written directions. [11] I then directed that the four removal applications be adjourned until the outcome of the complaint filed by Mr Donnelly was known. Once that occurred the applications would be reactivated and the filing of documents would follow within the timeframes outlined. I noted Josephine Tangihaere was appointed treasurer by the trustees and that...

10. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 KB]

    ...advice, AJ instructed another partner in the firm to complete the purchase which was settled on 30 April. Complaint [11] AJ lodged a complaint with the Lawyers Complaints Service on 16 May 2019. She sought a waiver or refund of the firm’s fees on the matter, and reimbursement of legal fees incurred with another law firm from whom she had obtained independent advice. (1) Act competently, in a timely manner [12] AJ claimed BN, by not advising her about the land covenant within...