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...MADUSHIN RAJITH AMARASEKERA Third Respondent AND GLENN WAYNE KEVEY Fourth Respondent Hearing: On the papers Appearances: A Pride, applicant in person A Maelzer and M J Morrissey, counsel for respondents Judgment: 4 June 2024 COSTS JUDGMENT OF JUDGE M S KING [1] This judgment resolves an issue as to costs following the filing of a notice of discontinuance by the applicant, Ms Pride. There is a presumption that where a plaintif...
...part Waikoukou No 406 BETWEEN GEORGE WATENE TAUTARI Applicant Hearing: 29 June 2009 20 September 2010 27 August 2013 30 October 2013 28 July 2014 24 November 2014 (Heard at Auckland and Reweti Marae, Waimauku) Judgment: 19 February 2015 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG 96 Taitokerau MB 232 Introduction [1] Lot 1 and Lot 2 Deposited Plan 150873 (“Lot 1 and 2”) are adjoining blocks of Māori freeh...
...Appellate MB 98 (34 APGS 98) 425 Aotea MB 244 because the line between self interest and duty to the beneficiaries had been crossed. The trustee was in a position of conflict and had to be removed. [35] I adopt the reasoning set out in these judgments. Kōrerorero Discussion [36] Regulation 3(h) of the Māori Reservations Regulations 1994 provides: 3 Trustees Any trustees for the time being appointed, by order of the court, in relation to any reservation, - (h) sh...
...PHOENIX COMMERCIAL CLEANERS LIMITED Respondent Hearing: On the papers filed on 18 February, 18 March, 14 and 23 May and 13 and 20 June 2014 Appearances: D Prasad, counsel for applicant D Hall, counsel for respondent Judgment: 2 July 2014 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The applicant wishes to pursue a de novo challenge to a determination of the Employment Relations Authority (the Authority), which was issued on 11 December 2013. 1 T...
...Ruatoria MB 83-100 3 April 2012, 21 Tairawhiti MB 252-261 10 April 2014, 38 Tairawhiti MB 274-284 31 July 2015, 51 Tairawhiti MB 262-275 19 January 2016, 55 Tairawhiti MB 24-30 21 April 2017, 67 Tairawhiti MB 6-9 (Heard at Gisborne) Judgement: 22 June 2017 RESERVED JUDGEMENT OF DEPUTY CHIEF JUDGE C L FOX 69 Tairāwhiti MB 2 [1] This decision is the last of three concerning applications under sections 289 and 328 of Te Ture Whenu...
...COY Plaintiff AND COMMISSIONER OF POLICE Defendant Hearing: 11 August 2010 (by telephone conference call) Appearances: Scott Fairclough, Counsel for Plaintiff Antoinette Russell and Sally McKechnie, Counsel for Defendant Judgment: 11 August 2010 INTERLOCUTORY JUDGMENT (NO 4) OF CHIEF JUDGE GL COLGAN [1] This next interlocutory judgment decides the plaintiff’s opposed application for adjournment of the trial due to start next Monday 16 August 2010. Not...
...BETWEEN KOWHAI INTERMEDIATE SCHOOL BOARD OF TRUSTEES Plaintiff AND SHANE WEST Defendant Hearing: On the papers Appearances: SR Mitchell, counsel for plaintiff K Crossland and T Sung, counsel for defendant Judgment: 9 June 2022 COSTS JUDGMENT OF JUDGE K G SMITH [1] In an Employment Relations Authority investigation late last year, an issue arose during cross-examination about the admissibility of certain evidence. It was...
...effective and efficient manner. Government-funded legal aid is a central component of access to justice. The purpose of the legal aid system is to provide legal services to people of insufficient means. Further information about legal aid Enforcement, judgments and settlements This system encompasses the processes and procedures available to parties to enforce court judgments and settlements in civil cases. It also includes the processes available to enforce court-imposed and court-ordered fine...
...principles it had elaborated in Austin, Nichols & Co Inc v Stichting Lodestar [2008] 2 NZLR 141: [32] ... for present purposes, the important point arising from Austin, Nichols is that those exercising general rights of appeal are entitled to judgment in accordance with the opinion of the appellate court, even where that opinion involves an assessment of fact and degree and entails a value judgment. In this context a general appeal is to be distinguished from an appeal against...
...BETWEEN ALEX WAITE BROUGHTON Plaintiff AND MICROSOFT NEW ZEALAND LIMITED Defendant Hearing: 1 August 2011 (Heard at Auckland) Counsel: Tony Drake, counsel for plaintiff Kirsty McDonald and Adam Weal, counsel for defendant Judgment: 10 August 2011 INTERLOCUTORY JUDGMENT NO 2 OF CHIEF JUDGE GL COLGAN [1] This judgment determines the defendant’s claims to legal professional privilege in documents which it objects to disclose to the plaintiff on these...