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1. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...• CSR Building Products (NZ) Ltd (known as Monier), the eighth respondent, the supplier and installer of the concrete roof. IV. EVIDENCE [10] In Weathertight proceedings the evidence starts accumulating from the very beginning with the filing of the assessor’s report with the claim. Outlined below is a list of all the evidence before the Tribunal. The following persons gave oral evidence at the hearing: Experts (i) Mr Philip Browne, WHRS assessor (ii) Mr Clint...

2. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...addresses what is still a significant consideration, remuneration arrangements. Bisson J, in an observation which is obiter, noted an express provision of the parties’ contract. This provided that remuneration would be paid as a monthly contract fee (plus GST) on the production of an invoice. The employee was to be responsible for all taxes on a self-employed basis and the employer was entitled to recover Goods and Services Tax for these payments of “consultancy fees”. The...

3. Darling v CAC 20002 & Penrose [2014] NZREADT 46 [pdf, 70 KB]

   ...must be dealt with by the regulatory authorities which govern the media.” [66] Mr Clancy submits (for the Authority) that the application for suppression in this case is too vague to support the grant of an order and that no evidence has been filed to suggest that publication would have any impact on the licensee’s business. We agree. [67] It cannot be that a mere fear that publication might impact a licensee’s business is enough to rebut the presumption in favour of openness....

4. Waratah Trust v CAC 20004 & Ors [2014] NZREADT 20 [pdf, 172 KB]

   ...terminated for any reason. In addition, the appellant sought orders that the agency meet the marketing, auctioning and 4 conveyancing costs of the sale, and act for no commission. The appellant also sought $3,290.55 for reimbursement of legal fees, $1,000 further for legal costs in respect of its submissions, and that a fine be imposed. [12] On behalf of the licensee and agency, it was submitted to the CAC that there was no evidence to support the submission that the proper...

5. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

   ...[62] The settlement agreement entered into by the parties provided:28 [ITE] agrees and acknowledges that, if he breaches cls 11 and/or 12 of this agreement, he will be liable for any of [ALA’s] costs and/or disbursements (including expert fees and/or solicitor/client costs] incurred in addressing, responding to or dealing with the breach. [63] As Judge Inglis noted in her judgment of 15 April 2016, the agreement as to costs was reflected, in identical terms, in the undertaking...

6. [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...

7. 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

8. 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...

9. 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

10. 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...