Search Results

1. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...ultimately consumed five and a half days. Split hearing time was required, which would have increased costs. [12] It is apparent that the costs of two counsel have been included in the costs claimed as reasonable by Hapag-Lloyd. The level of resources applied in a particular case is a matter for each party. However, it is not a choice that is automatically visited on the unsuccessful litigant. The Court will need to be satisfied that the nature and circumstances of the case we...

2. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...without cost or with the ability to negotiate a cost-free outcome with the Bank. Indeed, the Bank made precisely that offer during the two year period that this matter has continued. [22] The Authority is satisfied that Mr Lewis would have had the resources and the opportunity to seek professional legal advice about the merits of his application and that that advice, if taken, would likely have confirmed the outcome Mr Lewis now faces. [5] Although not referring to the exact amou...

3. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...transaction. 17 This transaction came to the attention of the Real Estate Agents Authority as a result of a complaint by the vendor, Geraldine James. 9 William Souter Street, Forrest Hill – Purchase of Property by Ms Li 18 On 3 May 2013, resource consent was obtained by Ms Li, allowing the property to be subdivided. 19 On 21 May 2013, Ms Li listed the property for sale with Barfoot & Thompson, and Mr Li was the listing salesperson. 5 20 On 20 June 2013, the pr...

4. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...Tribunal invariably applies this principle. The usual point of difficulty is identifying what is controllable. Proper control often requires that a professional person maintain reasonable practices to ensure the proper supervision of employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. [23] In this case, Ms Xue shoul...

5. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

   ...Harland’s submissions were to the effect that meaningful constraints on access to those sites have only been asserted against Edward and Jason Baker. [48] Since the present trustees assumed control of the trust fund, they have committed TBWT resources to unsuccessful applications in the Māori Land Court, seeking orders for access to the sites. Nigel Baker argues that that expenditure was not authorised by the terms of the trust, and that the deed should not authorise the commi...

6. Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (2015) 52 Tairawhiti MB 136 (52 TRW 136) - (PDF, 212 KB) [pdf, 212 KB]

   ...says the trust was looking at cutting down dangerous trees on the block and the trustees had previously declined a proposal from Mr Winitana to cut them down. [14] Mr Lambert advises that in terms of the information requested by Ms Albert, resource consent is not needed for the felling of self seeded pine, the trusts public liability insurance has been extended to include all blocks, the return is income less costs which is banked into the trusts account and damage will be paid fr...

7. Quaife – Part Whakapoungakau 1B3G Roadway (2015) 127 Waiariki MB 171 (127 WAR 171) [pdf, 219 KB]

   ...intersect the applicants’ boundary of Lot 2 DPS 9908 and would therefore provide Lot 2 DPS 9908 with legal frontage to Glenroy Place. Mr Sewell asserted that this is evidenced by the original scheme plan of the subdivision submitted as part of the resource consent and approved by the Rotorua District Council. He also referred to plan DP 361992 which legalised the subdivision. Mr Sewell argued that the Māori land plan ML 332881 defined a boundary that was different to the propose...

8. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline the claim...

9. [2015] NZSSAA 026, 20 April [pdf, 69 KB]

   ...had separate bank accounts, that is not an unusual arrangement in this day and age, particularly for an older couple who are used to managing their own finances. [43] It is apparent that the appellant and XXXX continued to share their financial resources after XXXX began caring for her father. We consider that the evidence discloses a significant degree of financial interdependence between the appellant and XXXX in the period 3 August 2012 to 19 May 2013. Emotional commitment [44] T...

10. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

    ...products. The anticipated increase, which had led to Miss Scarborough’s appointment, did not eventuate. Rather there was a downturn in demand. Mr Weston spoke to Mr Palwankar about the situation and he confirmed that the factory would be over-resourced from the start of 2014. It is noteworthy that, at the relevant time, Miss Scarborough herself had identified a decline in production. While it is apparent that she has consistently attributed that to industrial sabotage, it is...