Search Results

1. [2013] NZEmpC 103 Language Centres v Page [pdf, 64 KB]

   ...such complexity the actual costs incurred of nearly $70,000, including GST, were not reasonable. [13] There was some duplication because of the need to change solicitors close to the hearing, but I do not consider that the plaintiff can be held responsible for this. Mr Harrison’s invoices included administrative fees which I do not consider appropriate to include for the purposes of assessing the proper contribution the unsuccessful plaintiff should make. [14] I do not cons...

2. [2013] NZEmpC 178 Asiaciti Trust NZ Ltd v Harris [pdf, 59 KB]

   ...effectively indicated she would not then consider waiver because Ms Harris had not asked her for it. If Ms Harris had asked for it at a later date, Ms Willis would have been contractually bound to consider it. Her reaction, which was a petulant response, may have had the effect of putting Ms Harris off at that point from seeking a waiver. The waiver in any event in my view, arose again in a form during negotiations where the plaintiff sought undertakings. The evidence shows that...

3. Dewson v CAC 10050 & Winkler [2012] NZREADT 57 [pdf, 26 KB]

   ...Inc v Stitchting Lodestar [2007] NZSC 103, [2008] 2 NZLR 141. According to the judgment, a Court considering an appeal from a lower Court is not obliged to defer to the reasons of the decision appealed from. Rather, the appellate Court has the responsibility of arriving at its own assessment of the merits of the case [paragraph [16]: 3 “[16] Those exercising general rights of appeal are entitled to judgment in accordance with the opinion of the appellate court, even w...

4. [2014] NZEmpC 145 Laing v Walker [pdf, 61 KB]

   ...first plaintiff’s failure to comply with the Court’s compliance order, the challenge is dismissed. [17] Costs are reserved. They should follow the event. Any application for costs by the defendant should be filed within 14 days; any response by the first plaintiff is to be made within 14 days thereafter. [18] The defendant has requested that the Court enter judgment against the fourth plaintiff. As the challenge related only to the determination of the Authority of...

5. [2016] NZEmpC 11 Titoki Securities Trust v Wallace costs [pdf, 99 KB]

   ...$300 and $600. [12] The plaintiff says that the advice sought from Hazel Armstrong Law appears to have related to the proceedings brought by the defendant in the Authority. The Trust says that on 2 September 2015 Ms Wallace submitted a 75-page response to its application to the Authority to reopen the investigation in that forum, based in part on legal advice from Hazel Armstrong Law. Although Ms Wallace was successful in opposing the Trust’s application to reopen the...

6. Nicholas – Estate of Robert Rawhiti Rangitakaiwaho Nicholas (2014) 316 Aotea MB 187 (316 AOT 187) [pdf, 110 KB]

   ...judge was considering fragmentation of my mother’s shares which she left to my brother Robert. I wish to submit my total opposition to this. Our tīpuna and whānau have lost a lot of land because of fragmentation and the Māori Land Court has a responsibility to ensure that this does not happen. The majority of shares which my mother left to my younger siblings, Mania, Francis and Vernon are worthless, most being a fraction of one share. 316 Aotea MB 189 I will protest ag...

7. [2015] NZEmpC 49 Vulcan Steel Ltd v Walker [pdf, 86 KB]

   ...Walker it had been submitted that the challenge was bordering on “frivolous”, but I did not consider that to be the case. That said, the stay application was successfully resisted by Mr Walker. [9] Mr Walker filed a statement of defence in response to Vulcan’s statement of claim. The challenge was at the point of being set down for a hearing, which would have resulted in a timetable being made for the filing of evidence by both parties. [10] This history persuades me that t...

8. [2015] NZEmpC 13 Sai Systems Ltd v Bird [pdf, 57 KB]

   ...would amount to $5,083 but she sought an uplift in that figure to $6,500 plus GST on account of a Calderbank offer. In the final paragraph of her submissions, however, the figure is stated as $6,000 plus GST. [8] In her submissions in response counsel for Sai, Ms Buckett, pointed out that the time-recording information produced by Ms Kennedy contained several references to attendances before the Authority and she argued that in those circumstances the time-recording informa...

9. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 58 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 118 BETWEEN ACO APPLICANT AND ZXQ Ltd RESPONDENT Date of Order: 17 September 2013 Referee: Referee Hannan ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] The Applicant purchased a motor vehicle, a 2002 [vehicle] from the Respondent on 4 February 2011. This agreement is evidenced in writing and includes 24-month [insurer] warranty

10. Taueki v Horowhenua District Council - Horowhenua (11) Lake (2013) 298 Aotea MB 263 (298 AOT 263) [pdf, 187 KB]

    ...1977 and the Reserves and Other Lands Disposal Act 1956, gives authority for management of the Lake Horowhenua Domain and the surface waters of the lake in the Domain Board. As counsel for the Domain Board has submitted it is the Trust who are responsible for insurance for the buildings even though it has no direct control over the use of those facilities, no control over what charges if any should be paid by a licensee or a lessee and no control over how the usual remedies availab...