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...AND ROSEANNE SHERIDAN Defendant Hearing: 1 December 2023 (Heard at Christchurch via Audio Visual Link) Appearances: M Couling and J Farrow, counsel for plaintiff P Cranney and E Griffin, counsel for defendant Judgment: 20 December 2023 JUDGMENT OF JUDGE K G SMITH [1] Roseanne Sheridan was employed by Pact Group as a Community Support Worker until she was dismissed for medical incapacity. She pursued a personal grievance for unj...
...Joseph Lynch Land Co Ltd v Lynch, the general principle is expressed as a party and its privies should not be twice vexed in the same matter.2 [15] The principle of issue estoppel has also been widely considered by the Courts. In the Court of Appeal judgement of Van Heeren v Kidd, the Court noted:3 An issue estoppel arises where a judgement has determined an issue as an essential and fundamental step in the logic of the judgement and without which it could not stand. The issue so deter...
...primarily responsible for payment of these fees. [35] Company A Ltd included the costs in its claim against Ms PW. Did Ms PW, thereby, become a ‘person chargeable with the bills of costs’? [36] This question was canvassed, in some detail, in the judgment of the Court of Appeal in Black v ASB Bank Ltd.11 [37] In that case, ASB Bank was entitled to claim indemnity costs against Mr Black. The Court noted that the party liable for indemnity costs had three avenues available, o...
...comprehensive legislation governing disclosure in criminal cases. See Attorney-General v Otahuhu District Court [2001] 3 NZLR 740 at [19], [20] and [21]. At [19] the Court of Appeal recalled that in Commissioner of Police v Ombudsman none of the judgments saw the OIA regime as an adequate substitute for a criminal discovery statute: [19] Before leaving Commissioner of Police v Ombudsman it is important to note two points. The first is that none of the judgments saw the Official Informa...
...for a total sum of $290,088. Mr O’Leary was the labour-only builder of the house. The Council claims that Mr Peter Yau was a developer and/or project manager. [4] The Council does not contest its liability and consents to the entry of judgment against it, in Mr and Mrs Kim’s favour, in the sum of $290,088. Mr O’Leary and Mr Yau both dispute their liability and challenge the quantum of the proposed remedial works. [5] The issues for my determination are:- a) Was...
...used to grow a prosperous and inclusive society. The Forum published a set of recommendations in July 2014. 2 5. We have been unable to estimate the costs and benefits of policy design options and, therefore, we have largely provided judgements about the order in magnitude of different types of costs for agencies, individuals and the Office of the Privacy Commissioner. Judgements we have made about the impacts on agencies are included in relevant sections, and have been und...
...AUCKLAND AC 48/07 ARC 76/05 IN THE MATTER OF point of law determination BETWEEN RAHUL RAMESH KAPADIA Plaintiff AND AXIOM ROLLE PRP VALUATIONS SERVICES LTD Defendant Hearing: By memoranda of submissions filed on 2 and 4 May 2007 Judgment: 15 August 2007 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE B S TRAVIS [1] This judgment deals with the issue of whether a plaintiff can withdraw the withdrawal of a challenge. [2] The plaintiff, who now resides in India,...
...JONAS Plaintiff AND MENEFY TRUCKING LIMITED Defendant Hearing: 3 and 4 September 2013 (heard at Wellington) Appearances: Caroline Rieger, counsel for the plaintiff Ray Parmenter, counsel for the defendant Judgment: 14 November 2013 JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff, Mr Darren Jonas, is a truck driver by occupation. He had spent approximately twenty years in the industry before taking up employment with...
...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [28] More recently, the High Court has described a review by this Office in the following way:5 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...
...well-established requirement that they seek signatures of all registered owners, or express written authority that someone else can sign. [36] She referred to the decisions of Complaints Assessment Committees in Ledger,16 and Beaufill,17 and the judgment of his Honour Justice Lang in Robinson v Real Estate Agents Authority allowing an appeal from a decision of the Tribunal upholding a 14 As recorded in fn 5, above, the Committee noted in its penalty decision that the evidence...