Search Results

1. LCRO 140/2016 and 153/2016 BF v ZL (21 February 2019) [pdf, 230 KB]

   ...certificates annexed to these securities which included a certificate that CAB was solvent. Mr BF disagrees. [15] These Security Agreements were subsequently assigned by SOX to FAR. The Deed of Assignment records that the assignment was at the request of CAB. The purchase price for the assignment was $300,000. The documentation was prepared by another law firm and provided that the purchase price would be paid by CAB (the debtor). In his letter of complaint Mr BF advises that h...

2. LL v Sun [2019] NZIACDT 14 (12 March 2019) [pdf, 123 KB]

   ...order requiring completion of any training but appears to believe it is necessary as she seeks an order that Mr Sun be prevented from reapplying for a licence until he has completed the full Graduate Diploma Course. I will be dealing with her request for an order that Mr Sun be prevented from reapplying for a licence in the next section. [37] I do not see the need for any retraining. Mr Sun will now be well aware of the professional obligations violated. There is no evidence of a...

3. Amaru v Dickson - Puketapu 3C7B1 (2019) 399 Aotea MB 202 (399 AOT 202) [pdf, 263 KB]

   ...Mrs Dickinson, however, identified that the trustee consents incorrectly recorded the name of the trust as the Ripeka Te Taite Whānau Trust. 399 Aotea MB 203 [4] Those orders were conditional on the nominees filing the correct consent forms within one month. They were also directed to hold a trustee meeting before the end of year to elect office holders and attend to any other trust business deemed necessary. The minutes of that meeting were to be filed with the Court...

4. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...not consider the Human Rights Commission had jurisdiction to proceed with the complaint of racial harassment, as Mr Handy had sought to have it included in a personal grievance dealt with by the ERA. The Human Rights Commission subsequently informed Mr Handy that it declined to proceed with his complaint of racial harassment. In August 2015, mediation was held in respect of the sexual orientation discrimination complaint which was unsuccessful. The Human Rights Commission fil...

5. [2018] NZEmpC 102 Rachelle v Air New Zealand Ltd [pdf, 460 KB]

   ...amended application was discussed at a telephone directions conference on 8 August 2018. During the conference Ms Rachelle repeated the statement in her notice of opposition; she was not prepared to provide any of the further and better particulars requested by Air NZ. Despite that emphatic statement a subsequently issued minute provided her with an opportunity to make submissions, in response to Air NZ’s application and submissions, if she wished to do so. The time allowed for

6. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   ...by the Tribunal on 16 June 2017 in the proceedings brought by Ms Guo against Dr Culpan (HRRT025/16: Guo v Culpan) at paras [22] to [24] an earlier application by her for a search order against Dr Culpan was dealt with in the following terms: The request for a search order [22] Consequent on Ms Guo’s belief Dr Culpan has obstructed the course of justice by allegedly destroying evidence, Ms Li by memorandum dated 15 June 2017 has requested an order authorising computer experts retained...

7. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...do so. CI0301_CIV_DCDT_Order Page 4 of 6 (d) You have not relied on any statement made by or on behalf of the Seller or by Us in relation to any Lot. 14. I find that this clause is not a defence to the claim. Whilst the nature of the sale forms part of the context that is taken into account in determining the chance that was purchased, it is not possible for HS to contract out of the CGA unless NT is himself in trade (s43). This is reflected in the wording of clause 7.9, which co...

8. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

   ...cancel the contract? c) Is DF entitled to the sum claimed? Did DF breach the contract in failing to carry out the service in accordance with the engineer’s instructions? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking...

9. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodged in the Authority. Mediation Services replied, asking Mr...

10. Te Manutukutuku Issue 4 [pdf, 3 MB]

    ...overseas. While there is a lot we can learn from what occurs in other countries, there is much we can offer them too. I was also struck by the number of inquiries I fielded from Maori people about the work of the Tribunal - some of the information requested was of a very basic nature. It seems to me that the Tribunal Division has a lot of work to do in getting knowledge about the Tribunal and the claims process to the people and I look forward to organising information. seminars later...