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1. David Bain report of Hon Ian Binnie QC on compensation claim amended [pdf, 1.4 MB]

   REPORT FOR THE MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID CULLEN BAIN BY HON IAN BINNIE QC 30 August 2012 (supplemented in response to questions raised by the Minister at our meeting of 13 September 2012) - ii - Table of Contents MANDATE AND METHODOLOGY ........................................................................................................ 1 EXECUTIVE SUMMARY ..................................................

2. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   REPORT FOR THE MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID CULLEN BAIN BY HON IAN BINNIE QC 30 August 2012 (supplemented in response to questions raised by the Minister at our meeting of 13 September 2012) - ii - Table of Contents MANDATE AND METHODOLOGY ........................................................................................................ 1 EXECUTIVE SUMMARY ......................................................

3. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...the proceeding.” 2 [2007] ERNZ 593. [10] The defendant also relies on the provisions of s 8 of the Evidence Act that: (1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will— … (b) needlessly prolong the proceeding. [11] The defendant invokes several specific evidential rules, either individually or in combination, in his challenge to particu...

4. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...had with Mr Young, and to which he was not privy. [61] While the Employment Court is not required to apply the provisions of the Evidence Act, they do provide useful guidance. Section 8 states that the Court must exclude evidence if its probative value is outweighed by the risk that the evidence will have an unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding. The defendant advanced arguments under both limbs. The submission that admission of...

5. Anderson - Estate of Paul Anderson (2013) 2013 Chief Judge's MB 783 (2013 CJ 783) [pdf, 167 KB]

   ...GRIMMING, HADEN ANDERSON, TAKAWAI ANDERSON, TAUTE HIRIWINI ANDERSON, CHARLES EDWARD ANDERSON, TUI ANDERSON and RAHERE SADY ANDERSON as survive me and attain the age of twenty (20) years... DATED this 24 August 1999 c. A certified copy of the probate dated 1 October 1999; d. A certified copy of the power of attorney dated 28 July 1999; e. A certified copy of Shona Anderson or Grimmig’s birth certificate; f. A certified copy of the Adoption Order of Shona Pauline Prime;...

6. Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) [pdf, 253 KB]

   ...1. Adela Imagene Brown 5 Taunton Green, Papanui, Christchurch The deceased was my father. He died on 29 December 2007 at Waiau. A copy of the full death certificate is on file. He left a will (copy on file) dated 12 November 2007 and probate (CIV-2008-409-172) was granted at Christchurch on 1 February 2008 in favour of Diane Wikitoria Stevens (in respect of clause 2 of the will) and Adela Catherina Muriel Imagene Brown (in respect of clauses 3 & 4) as executors. The de...

7. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...has accurately portrayed the facts as set out in the submissions to the Court. [4] You appear with no previous conviction against your record and that is to your credit, in terms of the sentence outcome. [5] The relevant factors set out in the probation report are, the risk of re-offending is seen as low. It is critically important, in my view, that a sentence is one which will enable you, if possible, to continue to work which will then enable you to appropriately look after your e...

8. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...delineated into several categories, the third of which characterises evidence as being improperly obtained if it has been obtained “unfairly”.45 But even evidence which has been unfairly obtained may still be admitted, having regard to its probative value. 41 Morgan v Whanganui College Board of Trustees [2014] NZCA 340, [2014] ERNZ 80 at [24]. 42 Discussed in Ravnjak, above n 24 at [49]. 43 See, for example, Talbot...

9. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...GJ complained to the New Zealand Law Society Complaints Service on 27 March 2014 about the conduct of the lawyers. [31] Her complaint was that the lawyers had: (a) Failed to advise her of the contents of Mr MT's will prior to a grant of probate thus depriving her of the opportunity to contest it. (b) Failed to notify her as a potential beneficiary of her interest in Mr MT’s estate. (c) Failed to inform Mr MT of the need to change the structure of his assets to reflect his...

10. Robb v Complaints Assessment Committee [2017] NZREADT 39 [pdf, 198 KB]

    ...Judge’s award of damages in Maketu’s favour followed from his finding that:14 … I am satisfied that Mr Robb breached his duty of loyalty as [Maketu’s] agent. … Mr Robb actively misled Mr Lemon for little reason. To my mind that is probative evidence that Mr Robb had an undue preference for Mr Jones that did not align with his client’s interests. Although it was not an overt conflict I consider Mr Robb’s partiality is sufficient to find that Mr Robb acted in breach...