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...BETWEEN SAMUEL GEMMELL Applicant AND CLINTON HEMANA Respondent Hearing: on the papers Judgment: 15 August 2017 INTERIM JUDGMENT OF JUDGE L R HARVEY Copies to: Leo Watson, 342 Gloucester Street, Taradale, Napier 4112 leo@leowatson.co.nz mailto:leo@leowatson.co.nz 61 Tākitimu MB 240 In...
...substantial. It is preferable, for the reasons just mentioned, to focus on both concepts for they are each relevant to causation issues. No form of words will ultimately provide an automatic answer to what is essentially a question of commonsense judgment.” [41] This was also the approach in GW Atkins Ltd v Scott9. [42] The real test of the liability of Mr Moran is the application of the “but for” test. Would the house have leaked but for the failed remediation? The ans...
...2011 • Criminal Proceeds (Recovery) Act 2009 • Criminal Records (Clean Slate) Act 2004 • Crown Organisations (Criminal Liability) Act 2002 • Crown Proceedings Act 1950 • Deaths by Accidents Compensation Act 1952 • Declaratory Judgments Act 1908 • Deeds Registration Act 1908 • Defamation Act 1992 • Department of Justice (Restructuring) Act 1995 • Disputes Tribunal Act 1988 5 • District Court Act 2016 • Domestic Actions Act 1975 • Domicil...
...2011 • Criminal Proceeds (Recovery) Act 2009 • Criminal Records (Clean Slate) Act 2004 • Crown Organisations (Criminal Liability) Act 2002 • Crown Proceedings Act 1950 • Deaths by Accidents Compensation Act 1952 • Declaratory Judgments Act 1908 • Deeds Registration Act 1908 • Defamation Act 1992 • Department of Justice (Restructuring) Act 1995 • Disputes Tribunal Act 1988 5 • District Court Act 2016 • Domestic Actions Act 1975 • Domicil...
...Authority BETWEEN DAVID MERCER Plaintiff AND MAORI TELEVISION SERVICE Defendant Hearing: 12-14 and 23 April 2010 (Heard at Auckland) Appearances: Shelley Eden, counsel for the plaintiff Blair Edwards, counsel for the defendant Judgment: 8 October 2010 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff, Mr Mercer, has challenged a determination of the Employment Relations Authority which found that his dismissal on notice was a decision that a fair and reasonab...
...credit. He repaid the $50,000 to his client within a month, he has not been refunded by the client and it may be difficult for him to recover these funds in the future. He has not sought to minimise his actions or the seriousness of this error of judgement. That is how the Tribunal sees it, as a very serious error in professional judgement, but we are persuaded not one that has occurred before or is likely to occur again in Mr Horne’s practice. [10] Clearly, in mitigation als...
...Employment Relations Authority BETWEEN MARILOU RABAJANTE LEWIS Plaintiff AND IMMIGRATION GURU LTD Defendant Hearing: 7 August 2017 Appearances: J Lewis, agent for plaintiff J Bath, agent for defendant Judgment: 10 November 2017 JUDGMENT OF JUDGE M E PERKINS Introduction [1] The plaintiff, Marilou Lewis, and the defendant, Immigration Guru Ltd (Immigration Guru), executed a written individual employment agreement...
...STUART BAIRD AND HELEN BAIRD Ngā Kaitono Applicants Nohoanga: Hearing 9 February 2021, 428 Aotea MB 214-218 (Heard at Whanganui) Kanohi kitea: Appearances Stuart and Helen Baird, in person Whakataunga: Judgment 31 March 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Solicitor: Urquhart, 1 MacArthur Street, PO Box 7...
Minute Book: 175 AOT 189 IN THE MAoRI LAND COURT OF NEW ZEALAND AOTEA DISTRICT Hearing: Judgment: Introduction A20050009991 UNDER Section 118, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Wallingford Northcroft JANIS RUTH NORTHCROFT Applicant 170 Aotea MB 190 dated 26 May 2006 167 Aotea MB 254 dated 17 March 2006 82 Taupo MB 294 dated 6 December 2005 158 Aotea MB 282 dated 23 September 2005 (Heard at Wellington) 22 September 2006, Rotorua RESERVED JUDGMENT OF JUD...
...prosecution establishes the offender intends to cause a certain level of injury or intends to kill, they can be convicted of murder or manslaughter. Both murder and manslaughter carry maximum sentences of life imprisonment. There is no specific guideline judgment issued by the Senior Courts for sentencing a single punch murder or manslaughter. For a violent manslaughter, where death results from a single punch, the court will refer to the sentencing tariffs set out in guideline judgment...