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NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2020] NZLCDT 18 LCDT 014/18 IN THE MATTER OF The Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE NO. 2 Applicant AND TIMOTHY JOHN BURCHER Practitioner CHAIR Judge D F Clarkson MEMBERS Mr S Hunter QC Ms C Rowe Mr P Shaw Mr I Williams DATE OF HEARING 24 June 2020 HELD AT Auckland District Court DATE OF DECISION 30 June 2020...
24 APR 1991 IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CP.445/87 IN THE MATTER of the Judicature Act 1972 A N D IN THE MATTER of an inquest into the death of NANCY RUTH HENDRIE under the provisions of the Coroners Act 1951 BETWEEN JOHN XAVIER LOUW of Ashburton, Medical Practitionere Applicant A N D ALLAN NEIL McLEAN of Christchurch, Coroner Respondent Hearing: 10 December 1987 Counsel: J.A. Walker for Applicant G.K. Panckhurst for Respondent T.M. Gresson for the Police...
1 IN THE CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL CEIT-0014-2020 IN THE MATTER OF CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL ACT 2019 BETWEEN WD Applicant AND IAG NEW ZEALAND LIMITED Respondent Hearing: 18, 19 and 25 March 2021 and 3, 4 and 18 June 2021 Further submissions 23 August 2022 Date: 21 December 2022 Representatives: Peter Woods and Kate Vilsbaek for the Applicant...
...are anticipated to be provided or reduced; and (b) if practicable, quantify the benefits and costs referred to in paragraph (a); and (c) assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions. [Emphasis added] A number of important concepts are introduced by s 32 – the idea that most activities have beneficial effects as well as costs so that it is the net benefit of the activity which is important, th...
...early stage he said that a judge could never be completely confident that something might not be useful, or that matters have been misperceived at the time when objections are considered:13 ... Judges do not lightly turn away from the seat of justice matters of “evidence” which one side would like to have before the Court. This leads to a sense of grievance on the part of plaintiffs that they have not had their full day in Court. [45] That is not to say that the objections...
ORA LTD V KIRKLEY AK 25 January 2010 IN THE EMPLOYMENT COURT AUCKLAND [2010] NZEMPC 6 ARC 60/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs AND IN THE MATTER OF an application for leave to amend pleadings BETWEEN ORA LTD Plaintiff AND SONJA KIRKLEY Defendant Hearing: By submissions filed on 6, 22 and 30 October, 19 November 4, 9 and 11 December 2009 Judgment:...
DANNY BACHU V DAVIE MOTORS LIMITED NZEmpC AK [2011] NZEmpC45 [20 May 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC45 ARC 73/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN DANNY BACHU Plaintiff AND DAVIE MOTORS LIMITED Defendant Hearing: By submissions filed by the defendant on 31 March 2011 and by the plaintiff on 6 April 2011 Judgment:...
...NZCA 317, [2010] ERNZ 317. 5 Referring to observations made in Vector Gas, above n 3, by Blanchard J at [14], Tipping J at [28] and McGrath J at [76]. [8] Counsel for the defendant, Mr Churchman QC, emphasised that four of the five Justices of the Supreme Court held that pre-contractual materials could be used as an aid for interpretation. He submitted that it was not necessary for there to be an ambiguity in the wording of a contract before the Court could refer to such...
...humiliation, loss of dignity and injury to feelings. v) Interest at five per cent on the wages, holiday pay and KiwiSaver contribution from 3 February 2015 until the date of payment. [2] The Authority also made some observations about final pay matters which it invited the parties to resolve by agreement, reserving leave to return to the Authority; and it reserved the issue of costs. [3] For the purposes of the application for stay an elaboration of the Authority’s reasoning...
...the knee operation might ordinarily have been a sufficient ground to seek a rehearing notwithstanding that his letter to the Court did not expressly seek an adjournment. [30] However, I am not persuaded that a rehearing was in the interests of justice. Plainly each of the applicants had by the time of the hearing on 3 December 2013 accepted that occupation orders were a reasonable alternative to the partition proposal. In fact, it is not even clear that Rima Ogle wished to conti...