Search Results

1. [2014] NZEmpC 76 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 52 KB]

   ...brought into the matter. He, having considered the proceedings, has indicated that the plaintiff wishes to file a third amended statement of claim. [2] This third amended statement of claim, which has been handed up in a draft or proposed draft form this morning, effectively discontinues the proceedings against the second defendant, Jacob Roest and the third defendant, Marie Lynne Park. It also substantially modifies the previous statement of claim and the alleged causes i...

2. ENVC Matiatia party corresp agreed statement memo caucusing [pdf, 1 MB]

   Before the Environment Court at Auckland ENV-2013-AKL-OOOI74 In the Matter And In the Matter of the Resource Management Act 1991 of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matlatia Bay, Waiheke Island, in the Haurakl Gulf Joint Memorandum of Counsel regarding witness caucusing Dated 8 August 20 14 Richard Brabant/Jeremy Brabant Barristers Broker House, Level 2, 14 Vulcan Lane PO B...

3. CAC 20006 v Stevenson [2013] NZREADT 74 [pdf, 28 KB]

   ...Stevenson faced and defended were serious charges of forgery and seriously incompetent real estate work. In summary Mr Stevenson was found guilty of: [a] Forging the signature and initials of the complainants on the commission rate and disclosure form; [b] Seriously incompetent or negligent real estate agency work including an open ended condition in an agreement that the sale was subject to a builder’s approval; [c] Failure to record an acknowledgement in the agreement by the pur...

4. Prosser & Quintrell v CAC 20008 & Ward & Dear [2013] NZREADT 54 [pdf, 26 KB]

   ...third respondents have very different recollections of that telephone call. The appellants felt it to be aggressive and intimidating; the respondents considered it mere efficient administration. [4] At some stage after the listing agreement was formed between the appellants and the second respondent, the second respondent moved to Barfoot & Thompson’s West Harbour branch from the Whangarei branch. The appellants say they were not warned of this and that it affected the marketin...

5. [2015] NZEmpC 51 Tan Pacific Ltd t/a BB’S Café plus Cubs v Zhang [pdf, 78 KB]

   ...attendance was recorded for the plaintiff as it could not be contacted. Ms Zhang, the defendant was represented by her counsel, Ms Finau. [8] In view of the fact that the plaintiff had made no effort to progress the matter, despite having been requested to do so, it was clear that the plaintiff, at that point, had no intention of prosecuting the application for leave. It was indicated that there would, accordingly, be an order striking the proceedings out. The issue of costs was...

6. [2015] NZEmpC 9 Premier Events Groups Ltd v Beattie [pdf, 55 KB]

   ...his own interest or that of others where to do so conflicted with his duty to act in his employer’s best interest. Mr Beattie’s actions in negotiating with Cartan to develop a business relationship between it and a new business entity to be formed by him after he left PEGL, amounted to a clear and serious breach of his obligations to his then employer. [7] The principal judgment bearing the date of its issue on 17 December 2014 will be corrected accordingly. GL Colg...

7. ADD v ZWX [2013] NZDT 190 (15 May 2013) [pdf, 63 KB]

   ...along [road A]. ZWX was turning right from [road B] into [road A]. It was dark at the time of the collision. [2] The intersection is governed by a give way sign on [road B]. Leading into the intersection with [road B], [road A] briefly forms two lanes: one for vehicles turning right into [road B] and another for vehicles travelling straight ahead. Although the turning lane on [road A] is marked, it is not governed by a give way or stop sign. [3] WD and HU Insurance Ltd...

8. Waikato Bay of Plenty Standards Committee v Greaney [2014] NZLCDT 42 [pdf, 25 KB]

   ...steps in the proceedings and for that reason as indicated the Tribunal has proceeded on a formal proof basis. Background [3] The brief background is that on 29 May 2013 Ms Greaney was arrested and charged with refusing an Officer’s request for a blood specimen and driving in a dangerous manner. The following day she was suspended from driving and released on Police bail. [4] On 25 June 2013 she was arrested and charged with driving while suspended and having bee...

9. Legal aid fixed fees schedule for the Employment Relations Authority [pdf, 500 KB]

   ... reporting to and invoicing for Legal Aid. Directions Conference(s)/ Teleconference(s) * - - Preparation $140 $100 For  taking instructions, attending the client  preparing for a Directions Conference with the ERA  requesting discovery  reporting to client  reporting to and invoicing for Legal Aid. - Meeting Time $60 per half hour $40 per half hour For  attending a Directions Conference . Investigation Meeting * – - Preparation...

10. Hawkes Bay Standards Committee v Clarkson [2014] NZLCDT 29 [pdf, 161 KB]

    ...received on behalf of the PM Trust. The amount involved in the charge was $43,956.16 - a not insubstantial sum. [10] His submission was that this finding should lead to a strike off because her failure to account in circumstances where there were requests and a Court Order to do so emphasises the nature and gravity of the offending and seriously undermines her integrity and probity. [11] Mr Gilbert further submitted that Ms Clarkson’s conduct in the Maori Land Court was describ...