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GUEST V NEW ZEALAND LAW SOCIETY DC [] NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL Decision No. [2009] NZLCDT 16 LCDT 003/09 IN THE MATTER OF THE LAWYERS AND CONVEYANCERS ACT 2006 BETWEEN MICHAEL RICHARD DEXTER GUEST Applicant AND NEW ZEALAND LAW SOCIETY Respondent Hearing: 27, 28 July 2009 Venue: Southern Cross Hotel, Dunedin Appearances: Mr R D Guest in Person (Applicant) Mr L Andersen for New Z...
BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 123 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule of the Act UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-056) DARBY PLANNING LIMITED (ENV-2018-CHC-150) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Sitti...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2011] NZREADT 39 READT 013/11 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN LB AND QB Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 10058) First respondent AND LI Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukrodger - Member Mr G Denley - Member HEARD at AUCKLAND on 24 November 2011 DATE OF DECISION: 7...
...Application for Recall rather than an appeal. 5 [12] He also invited us to deal with this application on the papers and to decline it. Relevant Law [13] The legal position in respect of recall is conveniently set out in the judgment of Justice Goddard in Svitzer Salvage BV v Z Energy Limited & Anor [2013] NZHC 3541. [14] As Mr McDonald puts it, paragraphs [16] and [17] of the judgment neatly set out the position as follows: “[16] Against that context, I refer to th...
...that a genuine issue has arisen as to the correct means by which time should be calculated. There is no evidence of any prejudice to the plaintiff, who consents to any necessary extension of time. I am satisfied that it is in the interests of justice for the Court to act on its own motion and to grant leave for the statement of defence to be filed and served out of time. The formal order of 7 An example of this principle is contain...
SAI SYSTEMS LIMITED v GRAEME BIRD NZEmpC WELLINGTON [2014] NZEmpC 177 [22 September 2014] IN THE EMPLOYMENT COURT WELLINGTON [2014] NZEmpC 177 WRC 12/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SAI SYSTEMS LIMITED Plaintiff AND GRAEME BIRD Defendant Hearing: (on the papers by submissions dated 30 June, 28 July, 5, 8 and 12 August and 9 September 2014) Counsel:...
...Replacing each document will require a fee, and significant time and trouble. Publication [34] The Tribunal will routinely publish the name of an Adviser and the reasons for its decision where a complaint is upheld. That is a usual incident of open justice, and this decision will be published in the normal way. Order [35] The Adviser is censured. [36] The Adviser is ordered to pay a penalty of $2,500. [37] The Adviser is ordered to pay compensation and refund fees amounting to $3...
...Nevertheless, the amount of security is not necessarily to be fixed by reference to likely costs awards. It is rather to be what the Court thinks fit in all the circumstances.10 It should be neither illusory nor oppressive.11 [24] Taking all matters into account here, I consider that an appropriate amount for security for costs is $7,500. This gives Mr Singh reasonable protection but is not so high that it is unreasonable to expect Ben Singh Holdings to raise it. [25] Accordingl...
...clause 6 of the orders being followed. Mr AD’s position is that Mrs AD never became the registered proprietor of the family home. He says that although he received $115,000 in full and final settlement of all outstanding relationship property matters between him and his former wife, she did not borrow the money or pay it to him. Mr AD believes Mr LN assisted Mrs AD to circumvent the process set out in the Orders, by enabling the AD’s daughter and son-in-law to pay him out using...
...information that is reasonably necessary to ascertain compliance with the Act. The chief executive can require the person to appear before the chief executive or an enforcement officer to give evidence and produce documents (new section 83) or refer the matter to a District Court judge for a similar examination (new section 84). It is arguable whether the information in question is truly expressive in nature but there is a clear element of compulsion because new section 117 makes it an of...