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  1. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

    ...yearly at the Annual General Meeting. [38] The job description set out a summary of the position, its purpose and a “detailed position description”. The introductory paragraph stated that: The Registrar is an officer of the [NZDDC], responsible to NZDDC for the efficient maintenance of registration records for all (amateur) registered dancers in New Zealand. The Registrar is appointed by NZDDC at the Annual General Meeting of Council and holds office until subsequen...

  2. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

    ...death in October 2001. 2011 Chief Judge’s MB 284 [15] Taru appeared at the hearing. Mr Dowthwaite appeared for Patrick who resides in Australia and who did not appear. Although Patrick was given an opportunity to file an affidavit in response he chose not to. Furthermore, Mr Dowthwaite did not challenge any of Taru’s evidence or the evidence of the three deponents in support of Taru’s application. Prior to the hearing Mr Dowthwaite had filed a memorandum in which he...

  3. CAC10070 v Adams [2012] NZREADT 5 [pdf, 177 KB]

    ...worked for Bayleys for nearly 10 years previously. [8] On 12 July 2010 Bayleys entered into an agency agreement with the vendor for the sale of the property at 19 Palmer Crescent, Mission Bay, Auckland. Ms Adams was the salesperson with principal responsibility for the sale of the property. After a marketing campaign, the property was sold at auction on 8 September 2010 to Geoffrey Lloyd Harriman “and/or nominee”. [9] Bayley’s file, in accordance with standard protocol of th...

  4. McCay-Woods v CAC 20008 & Anor [2014] NZREADT 103 [pdf, 69 KB]

    ...complainant was polite to the licensee who in return was slightly dismissive of her. [50] In helpful cross-examination of the licensee Ms Lawson-Bradshaw inter alia, asked the licensee to point out how the complainant had been obstructive. His response was that the co-executrix felt that and also she had been reluctant to provide keys and she had agreed to buy the property and then changed her mind. He seemed to admit that because he viewed her as an interested purchaser there was so...

  5. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

    ...understand how an employee could have cause to complain about comments in a written warning when the warning was not based on or reliant on those comments and the employee agreed that the issuing of the written warning was a fair and reasonable response by the employer. [33] Prime produced evidence of several warnings it alleged Mr McNaught had received prior to the incident with Mr Spencer. Ms Lodge submitted that one was not relevant because it related to absenteeism and Mr M...

  6. Satnam Singh v Shane Singh and Scorpion Liquor [2015] NZHRRT 8 [pdf, 91 KB]

    ...plaintiff. [60.2] Provided a causal connection between the breach of s 63 that the damages sought is established, damages in racial harassment cases must be genuinely compensatory and should not be minimal. The real question is what is an appropriate response to adequately compensate the plaintiff for the behaviour he has been subjected to and the compensation should meet the broad policy objectives of the legislation. [60.3] The award of damages is to compensate for humiliation, loss...

  7. Waratah Trust v CAC 20004 & Ors [2014] NZREADT 20 [pdf, 172 KB]

    ...have exclusive rights over the river frontage when this was not true; and, therefore, the agency’s representation was wrong and amounted to unsatisfactory conduct. [9] As to the licensee’s liability, the Committee recognised that he was not responsible for preparing the marketing material. However, he was nevertheless liable because he failed to correct the misrepresentation when he showed a representative of the appellant through the property in October 2011 and, again, the day b...

  8. Head Heights Limited v Auckland Council [2012] NZWHT Auckland 24 [pdf, 129 KB]

    ...Reliant was that Reliant would Page | 8 not complete targeted repairs on the property. Mr Shorrock said that he would not quote for targeted repairs due to the risk, and because he had enough work and did not want the company to take responsibility for any existing cladding that was not replaced. Mr Shorrock also said that he would not prepare a scope of works based on a WHRS report because he could not sue the WHRS if any problems arose. [22] The Council also call...

  9. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2012] NZWHT Auckland 35 [pdf, 158 KB]

    ...have jurisdiction to consider whether the claim is terminated pursuant to s 55 of the Act. Evidence of valuation and plans for development [55] On 9 September 2008 counsel for the claimant filed a list of discoverable documents, produced in response to Procedural Order 6 issued 20 August 2008. Counsel confirmed that discovery was complete, despite West Harbour Holdings Limited and Mr Ivil having entered into the joint venture agreement in May 2008 which was prepared by the c...