Search Results

1. FL & UL v DB [2021] NZDT 1595 (19 July 2021) [pdf, 209 KB]

   ...see each other prior to the crash, but in my view there were enough signals for both drivers to have driven more cautiously, more slowly at the point the gap and the flush median intersected. 24. I have spent a great deal of time considering this matter, particularly the purpose of the flush median. It is a relatively short piece of road and it is bounded by raised medians. Because the exit from Countdown enables drivers to turn right across two lanes and into the safety of the flush...

2. MS v H Ltd [2024] NZDT 232 (16 April 2024) [pdf, 194 KB]

   ...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...

3. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...TRIBUNAL [2024] NZDT 216 APPLICANT WG RESPONDENT HK The Tribunal orders: Claim WG’s claim is dismissed. Counterclaim WG is to pay HK $3,071.25 within 28 days. WG did not attend the fifth and final hearing of this matter. Reasons [1] WG claims $856.00 from HK. WG says that this is the outstanding balance of money owing to him by HK, who had engaged him to carry out renovation work at her house. HK denies liability, and counterclaims $ 6,247....

4. D Ltd v L Ltd [2023] NZDT 190 (2 May 2023) [pdf, 168 KB]

   ...decision 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...

5. BN & HF v O Ltd [2024] NZDT 692 (10 July 2024) [pdf, 134 KB]

   ...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...

6. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...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...

7. UN v BK [2024] NZDT 650 (16 August 2024) [pdf, 146 KB]

   ...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...

8. King v Te Aretoa - Succession to Puti Green [2021] Chief Judges MB 132 (2021 CJ 132) [pdf, 408 KB]

   ...Registrar or in the presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, are necessary in the 2021 Chief Judge’s MB 145 interests of justice to remedy the mistake or omission. Further commentary on the application of this section has previously been set out and will not be repeated here.3 [24] It is important to note that s 44 contemplates remedying decisions of the Cour...

9. LCRO 145/2019 TS v NU and VL (21 January 2020) [pdf, 128 KB]

   ...transcript; and (c) a copy of a complaint she was proposing to lodge with the office of the Judicial Conduct Commissioner. [7] In further correspondence to the Complaints Service on 8 April 2019, Ms TS instructed that she wished to have an additional matter considered with her complaint. She advised that Ms NU had been unwell during the week of the trial. Ms TS felt that this had compromised the quality of the representation provided by Ms NU. It was Ms TS’s view that Ms NU s...

10. Morgan v CAC 20003 [2013] NZREADT 76 [pdf, 39 KB]

    ...It is alleged that the former employer “has exhibited a strong desire for a finding against the licensee” (as counsel for the applicant puts it). It is submitted for the applicant that the Authority has not followed the principles of natural justice in dealing with the complaint. It is also submitted there is no element of protection of the public involved in this case. Basic Facts As Put To Us [6] The original complaint was that the licensee received a fee from a purchaser, Mr...