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1. [2024] NZEnvC 209 Bettley-Stamef Partnership v Waikato District Council [pdf, 1.1 MB]

   ...viable productive activity and its overall contribution is very low, both in terms of soil quality and to rural character; and (iv) Public costs associated with the proposal are minimal with the regulatory and compliance costs recoverable through fee collection at application and monitoring stages. 9 Consideration [16] The Court has read and considered the notice of appeal dated 14 February 2022 and the consent memorandum of the parties dated 31 July 2024. [17] The Court i...

2. Kelleway v Insar [pdf, 283 KB]

   CLAIM FILE NO: 00134 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN PHILLIP LIONEL KELLEWAY and PRITTY SITA KELLEWAY Claimants AND MANU INSAR First respondent AND WAITAKERE CITY COUNCIL Second respondent AND CHRISTINE TENNENT Third respondent HEARING: 27 & 28 August 2003 COUNSEL for the Claimants: D Tui COUNSEL for the Second Respondent: S Jameson and D Hean

3. Te Kuru II - Porangahau 1B4 "O" 2 and Mangamaire B13A (2012) 15 Takitimu MB 21 (15 TKT 21) [pdf, 195 KB]

   ...advice although Mr Collinge states that if Brownrigg Agriculture had agreed to pay $6 per head per week then the total income would be approximately $95,000 for the year ending 31 March 2009.” 15 Takitimu MB 25 [27] In further evidence filed Mr Collinge in his affidavit of 18 March 2011 clarifies for the Court as to the basis of Ms Clarkson’s engagement. [28] The trustees understood that the only deduction from gross income would be the manager’s salary. It was expec...

4. LCRO 185/2018 GT v NE (16 July 2019) [pdf, 206 KB]

   ...1 The finance company made demand and appointed receivers on the same day. 2 Mr NE is a consultant to [Company 3]. 3 [14] Mr GT’s complaints were many and varied, and difficult to comprehend. In a 21 page “affidavit” filed with his complaint, Mr GT refers to:3 • a declaration of insolvency made by Mr NE; • allegations relating to a GST payment and refund; • employment related payments; • defamation; • “Illegal” advice relating to payment

5. LCRO 46/2016 Richard Zhao v Yu Sun and Li Wang (7 May 2020) [pdf, 133 KB]

   ...members of a syndicate formed for the purposes of property development. They fell into a dispute with the other members of the syndicate and sought advice from Richard Zhao Lawyers Ltd (trading as Amicus Law). [4] Their first point of contact on the file was the principal of the firm, Richard Zhao. [5] Following advice from Mr Zhao, the respondents instructed him to lodge a caveat against the title to the property in respect of which the disagreement had arisen. 2 [6] The rel...

6. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...statutory defence to this offence arose if it was not possible to obtain the licence between the time when the need for it was reasonably foreseeable and the time when the offence was committed. It is necessary to explain that the amount of the licence fee varied according to the weight of the load carried. It was held by the High Court on appeal that, to satisfy the test of not reasonably foreseeable, the operator was not entitled to “just trust to luck”, but had a duty to ensu...

7. Stanimirovic v Levarko [2018] NZIACDT 3 (7 February 2018) [pdf, 350 KB]

   ...factual background in the statement of complaint are as follows: The parties [10.1] Mr Stanimirovic engaged TEC Employment Services Limited (TEC) a recruitment company based in Canada. He entered into a written agreement with TEC and paid a fee of US$2,500. The fee related to securing employment in New Zealand. [10.2] The complainant is Mr Stanimirovic, and Mr Levarko is the licenced immigration adviser. [10.3] The two Canadian entities to consider are: [10.3.1] TEC and its...

8. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

   ...letter dated 23 October 2015 notified Mrs Apostolakis that it had declined to progress her complaint because she had known of the matters complained about for more than 12 months (HRA, s 80(2)). These present proceedings before the Tribunal were not filed until 11 February 2016. The issue of delay will be returned to later in this decision. [4] In a statement of reply dated 14 March 2016 Ms Rennie has pleaded (inter alia) that the statement of claim discloses no grounds which establish...

9. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...themselves in the litigation so that it is unlikely that there can be any claim for costs of legal representation in the proceeding. However, the plaintiffs may have incurred disbursements (and will have incurred court-related disbursements such as the filing and hearing fees) and they may have costs of which the Court is unaware. I will permit the plaintiffs to have the period of one calendar month from the date of this judgment to apply by memorandum for orders for cos...

10. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

    ...internal leak in the upstairs bathroom. Mr Ryan was contracted by Guyco to carry out some related plastering work. [20] At this time, Ms Philpott discovered some rotten carpet downstairs. She asked Guyco to investigate and this led to the filing of the claim with the WHRS (November 2003). This was the first time that Ms Philpott became aware that she had a leaky home. A 2m to 2.5m part of the wall (extending from the ground to the roof height) was replaced by Guyco. Guyc...