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1. Senadipathi & Xavier v Sampang [2015] NZIACDT 110 (23 December 2015) [pdf, 122 KB]

   ...person has formerly been a licensed immigration adviser, shown no commitment to honouring their legal commitment to clients they have harmed, and not gained the skills required to practise competently, then, exclusion from the profession is the only response left. [16] Accordingly, the Tribunal will make an order that Mr Sampang cannot apply for a licence of any kind under the Act for a period of two years, the statutory maximum. However, while the decision is for the Registrar, not the T...

2. [2014] NZEmpC 176 ALLWAZE Designs Ltd v Cawthorne [pdf, 40 KB]

   ...of the Defendant. 10. When I returned from the overseas leave, towards the end of July 2014, and after I had ascertained that Mr Govender was also back I referred the matter to Mr Govender, by when, the time for filing the defendant's response had recently passed. Principles [6] The Court has an unqualified discretion under reg 19(4) to grant a defendant leave to defend the proceedings but, as with other such discretions, it must be exercised judicially and in accordance...

3. [2014] NZEmpC 179 Prime Range Meats Ltd v McNaught costs [pdf, 56 KB]

   ...interests of justice. [9] Counsel for the plaintiff, Mr Chapman, seeks an award of costs in the total sum of $5,704.89 based on the plaintiff's actual costs of $12,589. The figure put forward by Mr Chapman appears to be reasonable. [10] Responsibly, counsel for the defendant, Ms Lodge does not challenge the cost figure suggested but she has made out a strong case in support of her basic submission that any award of costs against Mr McNaught would be oppressive and would re...

4. [2015] NZEmpC 213 Kirby v New Zealand China Friendship Society [pdf, 78 KB]

   ...should be paid. [6] Disbursements of $734 were sought, comprising a reimbursement of an airfare for the Society’s primary witness, and costs of photocopying and couriering of documents in the course of proceedings. [7] Mr Kirby has filed a response asserting that there have been “serious criminal activities, forged documents, theft, damaged property [and] fabricated certificates”. He says in effect that any order for costs is therefore inappropriate. Discussion [8] It...

5. Deputy Registrar v Ruapehu District Council - Ohura South A3B1A (2013) 312 Aotea MB 144 (312 AOT 144) [pdf, 132 KB]

   ...Section 17 of the Act provides that one of the general objectives of the legislation is to ascertain and give effect to the wishes of the owners. While the Deputy Registrar may have initiated the application, this has eventually precipitated a response from the successors and representatives of the deceased owners and their whānau. They wish to proceed with a change of status. [12] Changing the status of the land will enable prompt succession to Matai Albert. The successors...

6. [2014] NZEmpC 232 Kenmare v Fulton Hogan Ltd costs [pdf, 57 KB]

   ...438 (CA) at [14]. 4 Taking into account items 2, 23, 24 and 26 (allowing .25 days for oral submissions) of Sch 3 of the High Court Rules, Category 2. [8] The second main issue relates to Mr Kenmare’s ability to pay. The defendant responsibly accepts that this is a factor which the Court will need to consider. Authorities such as Gates v Air New Zealand Ltd support such an approach. 5 In that decision, Judge Couch put the issue in this way: 6 A factor which must...

7. AC v ZX Ltd and ZXZ Ltd [2014] NZDT 593 (14 July 2014) [pdf, 27 KB]

   ...has been installing cylinders since 2006 and in its experience, ZXZ Ltd cylinders fail at a greater rate (about 33 per cent) than others and are difficult to deal with over warranty claims. Stainless steel should not rust. While a homeowner is responsible for taking action if a cylinder is leaking, if it doesn’t leak when installed, any subsequent failure must be due to either a manufacturing fault or other external factor. AA’s evidence of the state of the cylinder is the be...

8. AET Ltd v ZVB Ltd [2013] NZDT 196 (3 August 2013) [pdf, 54 KB]

   ...form stated, it carried out the work properly, AET Ltd should be obliged to prove this was the case. However, it is clear from the discussion today that AET Ltd is not raising the quality of its work as an issue; rather, the statement was made in response to ZVB Ltd’s defence. This does not shift the onus away from ZVB Ltd to prove its defence. [12] JS said it could cost in excess of $20,000.00 to remedy the work as the sealant must be removed and replaced. H...

9. ARLA - Form 3 On licence application [docx, 20 KB]

   ...with and information about transport options from the premises [describe type and range] • Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe] • Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe] • Other systems (including training systems), and staff in place (or to be in place) for compliance with the Act [describe] Attachments (if not a conveyance) • Copy of planning consent • Copies...

10. CAC20004 v Whisker [2015] NZREADT 14 [pdf, 113 KB]

    ...to date (exclusive of the cost of preparing these submissions) are $17,637.00 plus GST. 4. In addition, Mr Whisker personally made restitution to the only client who was out of pocket, even though he had no legal obligation to do so …” The Response on Penalty from the Prosecution [5] Part of the submission on penalty from Mr Hodge (as counsel for the prosecution) read as follows: “3. The subsequent procedural history of this matter is of course that the first panel of the Trib...