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...parties are encouraged to agree costs. If that does not prove possible the respondent may file any submissions and material in support within 35 days of the date of this judgment, with the applicant filing and serving any submissions and material in response within a further 15 days; anything strictly in reply within a further five days. Christina Inglis Judge Judgment signed at 11.45 am on 9 June 2015
...from earthquakes, insurance matters etc, I believe Firm R were negligent incompetent (sic) in providing due diligence over the legal aspects of my purchase and offering me sound advice. … For your information, I have recently received a positive response from EQC after spending many months in talks with them about my situation. They could see that I acted in good faith and have been extremely understanding. The Standards Committee determination [22] Having considered all of the m...
...for pursuing a claim under the wrong Act. It may well be that the Corporation share part of the blame for the pursuit of the case under the wrong Act and therefore of part of the delay. However, I do not regard the Corporation as primarily responsible for the delays. In my view, Mr Wood overwhelmingly bears responsibility for the prolonged delay of 21 years. (9) That the Authority failed to properly exercise its discretion by taking into account irrelevant factors and failing t...
...“snaps” and described the symptoms and progress, to recovery. His X-rays showed dynamic instability at L3-4, which may be aggravated by flexion extension and this may contribute to some of his incapacity. Mr Don recommended an integrated pain team response and gave a guarded prognosis for return to full work capacity. On 9 August 2011, in response to the case manager’s question, Mr Don reported that it was more likely than not that the 1982 accident did not cause Mr Williams’ o...
...for three days a week, and from 1995 to 1999, he attended Karamu High School as a mainstreamed student. In 1999 he attended Presbyterian Support with a teacher aide three days a week and Ruakaka School for the other two days. [13] Ms Edwards was responsible for all Geoffrey’s transport to and from school each day until 1996, when the Edwards rented a flat for Geoffrey to live in during the week and employed a caregiver to look after him. This continued until 1998, with Geoffrey ret...
...Deponent 6 November 2017 NZCBC ✔ JA Dew, Cardinal and Archbishop of Wellington 8 December 2017 Father Michael Gielen ✔ M Gielen, (Father) 8 December 2017 SAPC & Bishop Lowe ✔ SM Lowe, Bishop of the Hamilton Diocese The plaintiff’s response [13] By Minute dated 15 November 2017 the plaintiff was directed by the Chairperson to file and serve any notice of opposition (together with his evidence and submissions) in relation to such of the strike out applications he intend...
...from that conclusion that the strike would be unlawful, given the fact that RMTU is not currently bargaining with LPC, and given the absence of a compliant notice in respect of an essential service, as required by s 90 of the Act. [23] However, in response to that possible conclusion, Mr Davenport argued that s 84 of the Act would apply. It states: 84 Lawful strikes and lockouts on grounds of safety or health Participation in a strike or lockout is lawful if the employees who st...
...[45] No further progress in formalising the lease had been made by 9 September 2011. The minutes of the trustees’ meeting note that the respondents had been provided with a copy of the draft lease and asked to confirm their details however no response was received. The trustees were no longer prepared to commit the time and cost to the respondents remaining on the land as result of ongoing breaches of payment and lack of detail regarding the proposed lease. The trustees agreed to...
...b) If no objections are received, then this application shall be dismissed. c) If objections are received, then the matter should be set down for hearing. Procedure [14] The Report was distributed to parties on 20 October 2014 with written responses or objections to be filed no later than 17 November 2014. 2016 Chief Judge’s MB 215 [15] On 17 November 2014, the Registrar received an email from Ngaire Skinner’s lawyer, Mr Bryce Quarrie, who sought an extension for...
...Keepa’s conduct regarding the trust bank account speaks its own message. In short, I am satisfied on the available evidence that Mr Keepa can no longer remain in the office of trustee. For completeness, I record that he offered no meaningful responses to the application for his removal. Perhaps that is not entirely surprising given his desire for a removal of certain interests from the trust. Should there be a partial termination of trust? Applicant’s submissions [37] In two...