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1. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...including as recently as several days ago in Paper Reclaim Ltd v Aotearoa International Ltd [2007] NZSC 26. Addressing the incidence of a fiduciary duty, Blanchard J, giving the judgment of the Supreme Court, wrote at para [31]: When parties have formed a contract the correct approach is first to decide exactly what they have agreed upon. Only then should the Court consider whether any particular aspect of their agreement gives rise to a relationship which can properly be character...

2. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...Factual background [9] For the plaintiff, I heard evidence from a number of witnesses. Mr Downey read and elaborated upon a written brief. Viva voce evidence was received on behalf of the plaintiff from four witnesses under subpoena: Mr Jeff Lenz, former Chief Executive Officer of Greyhound Racing; Mr Gavin Whiterod, currently a Stipendiary Steward/Field Officer with Greyhound Racing; Mr Thomas Carmichael, currently Chief Racecourse Inspector for Harness Racing; Mr John McKenz...

3. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summarise those principles as follows: a) The PCA are entitled to be given formal notice of the application and hearing; b) The application is considered in two steps. First the Court must assess whether each of the five statutory preconditions set out in s 136 of TTWMA have been met. Once an applicant has s...

4. Edwards v Tatere - Mangatainoka No 1BC No2C (2012) 15 Takitimu MB 204 (15 TKT 204) [pdf, 205 KB]

   ...was held, however a decision was postponed until the outcome of the variation application was issued. 2 [11] The Edwards whānau then applied for an ex parte injunction restricting the powers of the Trustees to that of custodian trustees, and requesting a responsible trustee be appointed to review the trusts. The Court declined to grant this application on the basis that it was tantamount to ordering a removal of the trustees without a hearing. Instead an interim injunction was gr...

5. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...submission was that they were frivolous because they could not succeed. Section 149 was said to be the stumbling block. [23] Section 149(3) provides that: Where, following the affirmation … the agreed terms of settlement to which the request relates are signed by the person empowered to do so, - (a) those terms are final and binding on, and enforceable by, the parties; and … (b) except for enforcement purposes, no party may seek to bring those terms before the A...

6. [2015] NZEmpC 199 Ganley v PB Sea-Tow (NZ) Limited [pdf, 141 KB]

   ...are in $NZ. (emphasis added) [7] The scheduled rate for a Master was $113,958 as at 1 May 2010, which was the most recent wage rate listed. [8] The “Redundancy Schedule” set out a number of objectives, including to provide an “agreed formula” for redundancy compensation. Clause 2.8 provided that “compensatory payments shall be made to employees affected as below”. Clause 2.9 provided that: Redundancy Compensation Formula: One calendar month calculated at the rel...

7. NZHC 349 28 February 2013 Therese Anne Sisson v The Standards Committee [pdf, 181 KB]

   ...practitioners as it was satisfied that she was not a fit and proper person to practise as a barrister or solicitor. This is an appeal against the striking off order. Other aspects of the decision, namely that the appellant pay compensation to her former client and a contribution towards the Law Society’s costs, were not challenged. [2] There is a considerable history to the appeal which is outlined in bare detail below. A consequence of that history is that the appellant requ...

8. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...the course of a day, and made appearances either on legal aid assignments, or as a youth advocate in the Youth Court. As a result, 5 when she issued an invoice for attendances, some of that time was in excess of her proper entitlement, as it formed part of the time used to calculate another fee that Ms Fendall was claiming. [21] Full repayment of the amounts over-charged was made by Ms Fendall to the Legal Services Agency ($13,243) and the Ministry of Justice ($4,123) when the am...

9. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

   ...defendant. [35] Over about three months Mr Zhou produced 10 fictitious rental appraisals on which he forged the signature of a particular property manager at a prominent real estate agency. It is put that he volunteered those rental appraisals at the request of a mortgage manager at a bank. Apparently these appraisals were provided post purchase and after a purchaser had obtained bank finance and it seems that the availability of those appraisals simply supported finance decisions purp...

10. CAC 20004 v Campbell [2014] NZREADT 28 [pdf, 129 KB]

    ...regarded it as rather “quirky” and is interested in such items and owns an old-style property herself. She indicated to Mr Newman that she liked the stand and asked whether his mother might like to sell it. She added to us “this was not a one off request as there had been previous discussions about the sale of some of Mrs Newman’s items. The previous discussions did not relate to me purchasing the items myself but rather assisting with the sale of those items and therefore redu...