Search Results

1. Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]

   ...arguable cause of action or defence. The jurisdiction is wider than that of the High Court and it can be fair and appropriate “to strike out a party in circumstances other than where no reasonable cause of action is disclosed”.1 [4] The learned Judge in Vero Insurance2 adopted the comments of Katz J in Saffioti v Jim Stephenson Architect Ltd3 urging caution in removing a party: [44] Nevertheless, it is my view that the cases where it will be “fair and appropriate” for the...

2. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

   ...DISCOVERY INCOMPLETE The relevant principles [37] As pointed out in Lighter Quay Residents’ Society Inc v Waterfront Properties (2009) Ltd [2017] NZHC 818 at [16], HCR, r 8.19 allows an order for particular discovery to be made if it appears to a judge, from evidence or from the nature or circumstances of the case or from any document filed in the proceeding, that there are grounds for believing that a party has not discovered one or more documents or a group of documents that should...

3. LCRO 42/2022 QA v Kennelly (19 April 2023) [pdf, 232 KB]

   ...Tribunal. In this case J had received funds in excess of the amount which had been agreed to be paid to J’s client. J did not advise his client what the consequences could be if the funds were paid out, as instructed. [101] In the judgment, the Judge recorded some of the comments made by the Tribunal: [26] In considering the misconduct charge brought against Mr J, the Tribunal identified: The central issue to be decided is what responsibility [Mr J] had to his client in respe...

4. LCRO 106/2022 MG v WL (30 June 2023) [pdf, 247 KB]

   ...Examples of “special circumstances” might include a situation where a lawyer had undertaken no work at all for the fees invoiced or a matter where the work undertaken was deemed to be incompetent. [79] However, other comments made by the three Judges in Cortez suggest that Ms MG should not be deprived of the opportunity to have Ms WL’s fees examined. I refer, for example, to comments made by Richardson J:32 … the expression “special circumstances” should not be construed...

5. Progression-of-reported-sexual-assaults-through-the-criminal-justice-system-2024.pdf [pdf, 500 KB]

   ...in the reporting year. Where multiple victims are involved in a single incident, a sexual assault is counted for each victim. The term ‘victim’ is used in this report for consistency with the definition in the legal system and is not a value judgement on those who have experienced sexual assault. A perpetrator is a person accused of committing the sexual assaults reported to Police. Where multiple perpetrators are involved, analysis is based on the most serious outcome across pe...

6. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

   ...letter that contained the following passage: “Are your clients considering moving? Their behaviour is more suited to that of persons living in a state housing area.” The words were clearly intended as a slight on the young lawyer’s clients. The judge observed the remark to be “capable of producing snide and foolishly snobby reactions … offensive and insulting about the McKaskells”. The lawyer who received this letter was troubled by it because it would clearly be distress...

7. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...2002 and Parole Act 2002 to reinstate the three strikes sentencing regime, with modifications [SOU-24- MIN-0030 and CAB-24-MIN-0131 refers]. The Bill will deliver on commitments to reinstate the law while: 2.1 providing clearer guidance on when judges will be required to apply the regime and where exceptions may be allowed; 2.2 tightening the definition of strike offences; and 2.3 ensuring some benefit for pleading guilty. 3 The Sentencing and Parole Reform Act 2010 enacted the p...

8. B Ltd v C Ltd & others [2024] NZDT 99 (21 February 2024) [pdf, 213 KB]

   ...made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Dis...

9. LCRO 88/2022 GX v EJ (2 April 2024) [pdf, 236 KB]

   ...‘…while a company acts through its director, that does not mean that where a breach of trust is committed by a company through its Board, a beneficiary can maintain any action against the directors in respect of the breach of trust.’32 • ‘[The Judge] held that directors of a trust company stand in a fiduciary position only to the company and not to strangers dealing with the company – not even to a stranger who can be described as a beneficiary of a trust of which the compan...

10. List-of-Fee-Changes-1-July-2025.pdf [pdf, 519 KB]

    ...file, or formal court record (b) in any other case (a) No fee (b) $39 (a) No fee (b) $40 Copying a judgment unless it is a first copy that is provided to a party to the proceeding or that party’s counsel. $39 $40 Copying a judgement related to a criminal appeal $33 $34 Copying any document (other than a judgment) per page in black and white/colour $0.20/0.40 No change Copying any document (other than a judgment) relating to a criminal appeal per page in blac...