Search Results

1. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...acceptance that she did not have a disability and therefore could not have been discriminated for it. [24] The defendant also refers to the plaintiff’s claim of breach of good faith, which was not actively pursued before the Authority despite a request that the issue be addressed by counsel in submissions. I accept that the defendant was put to additional and unnecessary expense in responding to the plaintiff’s pleading and claim for a penalty against it, in circumstance...

2. Housing New Zealand Ltd v Tawhai - Te Horo 2B2B2B Residue (2011) 33 Taitokerau MB 11 (33 TTK 11) [pdf, 176 KB]

   ...counsel’s unrealistic assessment of Ms Tawhai’s situation. Ms Tawhai and her counsel took an unsatisfactory approach to the preparation for and attendance at the hearing. The initial fixture of 15 February 2011 was adjourned at Mr Potter’s request because of his inability to brief witnesses. Ultimately, those witnesses were not called to give evidence and even Ms Tawhai did not give evidence at the hearing. Mr Potter was otherwise dilatory in complying with the Court�...

3. DX v WC LCRO 7 / 2011 (17 August 2011) [pdf, 83 KB]

   ...fees. A response was sought from the Practitioner who denied any wrongdoing. Her explanation to the Standards Committee included steps she had taken on the Applicant’s instructions, and options that they discussed at various stages. She informed the Committee that the options and strategies were under constant review. [14] The Standards Committee also arranged for a Costs Assessor to review the Practitioner’s fees, this report concluding that the Practitioner’s charges were...

4. EO and EP v VO LCRO 240 / 2010 (3 August 2011) [pdf, 109 KB]

   ...denied recalling that his clients said that they did not want to lose the sale, he having understood their instruction was to try and increase the offer. [5] ABR‟s procedure for pre-auction offers requires all such offers to be in a specific form that intending purchasers are required to sign when making a pre-auction offer. Clauses 5 and 6 provide that if an offer is received which is acceptable to the vendor, all other registered buyers will then be contacted and informed tha...

5. T v G LCRO 29 / 2009 (21 April 2009) [pdf, 29 KB]

   ...the present case there are two aspects to the complaint. One part generally relates to communication and the quality of service provided by Lawyer G. The second part of the complaint relates to the failure of Lawyer G to continue with the work requested by Client T. [19] In so far as the complaint relates to delay and poor service the substantial part of that conduct occurred prior to 1 August 2008 and falls to be dealt with under the standards applicable at that time. However,...

6. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...assessor found that the fall was not sufficient and not in accordance with the plans. 17. The consented drawings specified 1.5 mm Butynol or Dec-k-ing waterproof membrane on the balcony decks. 18. Mr. Searle made inquiries about both products and formed the view that the products were not suitable. He was particularly concerned that the effect of salt on these products could adversely affect their properties. He discussed the matter with the Kapiti Coast District Council. 19. Mr. Sea...

7. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

   ...readings was lacking substantial merit or made in bad faith. The application was made in the context of an upcoming experts’ conference on remedial scope. Although extensive testing and moisture readings had been carried out already, the request to take updated readings falls short of the standard set by s 91. Application to strike out Mr Angell’s report [23] Some three months after the final determination on liability was issued, Hitex/Mr Holyoake made an applicat...

8. S Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 10 [pdf, 209 KB]

   ...Dorpe was not immediately responsible. The builder’s negligence was a major contributor to the damage and I assess the builder’s contribution at 55 per cent. [54] Mr van den Dorpe had a substantial responsibility for plastering a badly formed substrate in a manner which would cause leaks. This amounted to a significant factor. I assess his liability to contribute to the cost of the damage at 20 per cent share of the total proved, namely $37,475.39. [55] As Susan Dwan so...

9. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...the [City] legal practice of AL, barrister and solicitor, to fulfil the role of his instructing solicitor. [8] Mr AJ had previously been Mr AK’s instructing solicitor on a number of files. Mr AJ advised that when his firm first received a request from Mr AK to act as his instructing solicitor in February 2010, enquiries were made of the New Zealand Law Society and the Society confirmed that Mr AK held a practising certificate. [9] Mr AJ provided Dr AI with a letter of engagemen...

10. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

    ...site, the initial evidence for the applicants was non-existent. The court was troubled by the lack of detailed plans which should have been supplied with the application as set out in the City Plan's rules. For its part the Council should have requested further information on that issue. If it had, the appellants might have been satisfied, or at least less challenging. So the Council is at least partly responsible for the size of its bill. The applicant were saved in part by th...