Search Results

1. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

   ...Services Limited. 13 June 2003 Paul McGreal, trading as Grael Sound, provides services as a sound recorder/engineer plus equipment to Television New Zealand. 9 February 2004 Paul McGreal has a discussion with Craig Morris (formerly a Human Resources Manager at Television New Zealand). April 2003 – March 2005 Grael Sound provides services as a sound recorder/engineer plus equipment to Television New Zealand. During the same period, Grael Sound also provides ser...

2. [2012] NZEmpC 173 Gilbert v The Attorney-General in respect of the CE of the Department of Corrections [pdf, 106 KB]

   ...disbursements incurred by Mr Gilbert were not proportionate to the result he achieved. Accepting that there is no absolute rule that costs must never be disproportionate to the money value of a judgment, she asserts that a comparison between the resource committed and the actual result is nevertheless appropriate. 7 Before the Court of Appeal judgment, she submitted the defendant’s actuary had calculated that the sum payable to Mr Gilbert would be between $41,000 and $48,000 (c...

3. [2015] NZEmpC 142 First Union Inc v Jacks Hardware & Timber Ltd preliminary [pdf, 183 KB]

   ...bargaining on 20 February 2015. Materially, this notice included the following provisions:  Jacks Hardware & Timber has been considering its position over the weeks since we last met. We have now invested a year of time and considerable resources in attempting to settle a collective agreement with you, FIRST Union.  Prior to today, we believed that there were some philosophical differences that represented road blocks to us concluding a collective agreement. In partic...

4. [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...

5. [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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...