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...15948 I WAENGA I A Between ALVINA JANE SCIASCIA-BIZAOUI Te kaitono Applicant Nohoanga: Hearing 2 September 2024, 113 Tākitimu MB 134-146 4 November 2024, 113 Tākitimu MB 299-304 (Heard at Hastings) Whakataunga: Judgment date 13 November 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ D H STONE Judgment of Judge D H Stone 114 Tākitimu MB 2 Kōrero tīmatanga Introduction [1] The applicant, Alvina Sc...
...(HATA) KAIPARA Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: By memoranda of submissions filed on 16 April and 24 May 2012 Appearances: Stan Austin, advocate for plaintiff Daniel Erickson, counsel for defendant Judgment: 13 June 2012 COSTS JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The successful defendant (CHH) seeks an order for contribution to its costs following the Court’s judgment of 5 March 2012 1 dismissing the plaintiff’s challe...
...area. When walls with suspect joinery were added and they were below roof areas with ponding board issues, the balance of low risk cladding became quite small. IS THE AUCKLAND COUNCIL LIABLE FOR THE CLAIMANTS’ LOSSES? [51] In his judgment Dicks v Hobson Swan Construction Ltd,1 Baragwanath J held that it was the task of the Council to establish and enforce a system that would give effect to the Building Code. Because of the critical importance of seals as the substitu...
...is, in proceedings where Mr Fehling is also the plaintiff, it will be difficult for the same Tribunal members “to take a fresh look at the matter and to change [their] mind”. It is therefore appearance rather than actual bias by reason of prejudgment that is the concern of Mr Appleby. [6.4] By analogy with Livesey v New South Wales Bar Association (1983) 151 CLR 288, (1983) 47 ALR 45 the three members of the Tribunal who heard the proceedings against South Westland Area School are...
...the house and the site and to apply the net proceeds of monies received in reduction of the indebtedness. to sever and remove the house from the site. (e) Reference will be made to the specific terms of the Deed as appropriate, throughout the judgment. Evidence was given that the borrower was in default in his payments as from the I 8th December I 990, to the intent, that the total arrears owing a~ at the 29th March 1995 amounted to $24,626.57. Evidence was also given that no pay...
...was not sent on in its entirety is the explanation in the letter dated 1 September 2014. The Tribunal have to therefore determine the questions on the basis of the email, and on the 1 September 2014 letter of explanation and the extract from the judgment in the District Court concerning this evidence. [11] The information that the Complaints Assessment Committee had is set out in paragraph [1.9] which is: “1.9 In particular, the Licensee commented (through his solicitor) that:...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018J NZEnvC 183 of the Resource Management Act 1991 of an appeal under clause 14 of Schedule 1 to the Act PORT OTAGO LIMITED (ENV-2016-CHC-086) Appellant OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner R M Dunlop Environment Commissioner D J Bunting Hearing: at Dunedin on 19 February 2018 (Final submissions
...Authority BETWEEN MICHAEL MURPHY Plaintiff AND STEEL & TUBE NEW ZEALAND LIMITED Defendant Hearing: 6 September 2007 (Heard at Christchurch) Appearances: J A Wilton, Counsel for Plaintiff Barry Dorking, Counsel for Defendant Judgment: 16 October 2007 JUDGMENT OF JUDGE A A COUCH [1] Michael Murphy was employed in the Christchurch steel store of Steel & Tube New Zealand Limited. His work involved handling and cutting heavy pieces of metal. The wo...
...amount of community work is the appropriate outcome.”5 At paragraph [42] His Honour pronounced sentence: “So, therefore, you are sentenced to 50 hours community work.” Such a sentence is not available in the absence of a conviction. (c) The judgment of Venning J of 28 February 2014 recorded:6 “On 1 October Judge R Collins dismissed Ms Murray’s application for a discharge without conviction, convicted her and sentenced her to 50 hours community work. [3] Ms Murray appeals...
CATHERINE STORMONT v PEDDLE THORP AITKEN LIMITED NZEmpC AUCKLAND [2017] NZEmpC 71 [6 June 2017] ATTENTION IS DRAWN TO THE NON-PUBLICATION ORDERS REFERRED TO AT [129] OF THIS JUDGMENT IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 71 EMPC 48/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CATHERINE STORMONT Plaintiff AND PEDDLE THORP AITKEN LIMITED Defendant Hearing: 18-26 Octo...