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...she has a good arguable case; b) that the respondent has assets within the jurisdiction; c) that there is a real risk the property will be moved out of the jurisdiction or dissipated; and d) that the balance of convenience and interest of justice require the grant of interim relief. [8] I turn now to consider those requirements. 1 See for example Borsboom v Preet PVT Ltd [2016] NZEmpC 168 at [25]; and A Labour Inspecto...
...v THE BOARD OF TRUSTEES OF TE MANAWA O TŪHOE TRUST [2022] NZEmpC 26 [16 February 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 26 EMPC 22/2022 IN THE MATTER OF a challenge to a determination of the Employment Relation Authority AND IN THE MATTER OF an application for security for costs BETWEEN TUNUHIA TUPE Plaintiff AND THE BOARD OF TRUSTEES OF TE MAN...
...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 34 Reference No: READT 004/2023 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN IX Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2102) Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) P N O’Connor (Member) F J Mathieson (Member) Representation: Counsel for the appellant: K Burkhart, M Russell C...
...has claimed for compensation in the Disputes Tribunal of $30,000. 5. The issues for the Tribunal to determine are as follows: i. Was the property misrepresented by the Trust? ii. Did a term of the Agreement for Sale and Purchase settle the matter and prevent BX from pursuing further costs? iii. If not, is BX entitled to compensation? Was the property misrepresented by the Trust? 6. The sale and purchase of real estate is on a buyer beware basis. The purchaser must therefo...
...In our opinion, the provisions in Schedule 6 are not inconsistent with any of the rights and freedoms that ate affirmed by the Bill of Rights Act. 3. All the above Acts, apart from the Epidemic Preparedness Act, ate administered by the Ministry of Justice. Although the Epidemic Preparedness Act is not administered by the Ministry of Justice, the amendments relate to rules of Court. Accordingly, the Crown Law Office has vetted, for consistency with the Bill of Rights Act, the amendments t...
...this issue, pursuant to s 80(2) of the Act.11 [16] The Committee recorded that the licensees had not responded to the complaint that they failed to disclose a roof leak or re-roofing over asbestos. It observed that if they were aware of these matters they were obliged to disclose them to prospective 8 At paragraph 3.26. 9 At paragraph 3.29. 10 At paragraph 3.33. 11 At paragraph 3.46. purchasers. It also observed that it c...
BREAD OF LIFE CHRISTIAN CHURCH IN AUCKLAND v XI (ROBERT) CHEN [2024] NZEmpC 4 [16 January 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 4 EMPC 213/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to dismiss proceedings AND IN THE MATTER OF an application for stay of proceedings BETWEEN BREAD OF...
...obtain parental consent may apply to be placed under the guardianship of a Court and request that Court to consent to the relationship. 11. Clause 8 of the Bill provides that applicants for a grant of citizenship will need to have, amongst other matters, a sufficient knowledge of the English language. We are of the opinion that this requirement constitutes a "justified limitation" on the right to be free from discrimination. This is because the language requirement is intended...
...application for recall. In the end, the application for recall did not succeed. [3] The Judge’s comments were made in the course of delivering a Judgment in an appeal against the conviction on the grounds that there had been a miscarriage of 2 justice, occasioned by the incorrect advice provided by the applicant. The appeal succeeded and the conviction was quashed. The Standards Committee Determination [4] The issue for the Standards Committee was the quality of the appli...