Search Results

1. [2007] NZEmpC AC 53/07 Hansells (NZ) Ltd v Ma [pdf, 91 KB]

   ...absurdity or would create some inconsistency with the rest of the instrument. It may also not be applied where, if the words were construed in their ordinary sense, they would lead to a very unreasonable result or impose upon the contractor a responsibility which it could not reasonably be supposed he meant to assume. In Wickman Machine Tools Sales Ltd v L.G. Schuler AG [[1974] AC 235 at 251] Lord Reid said: “The fact that a particular construction leads to a very unreasonable...

2. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...the plaintiffs elected to call Mr Pritchard, who was apparently based in Tauranga, and who had previously been the stevedoring manager in Auckland, three years ago. The following is a summary of Mr Pritchard’s evidence, taking into account his responses in cross-examination. [20] C3 employs stevedores on the general cargo wharves at the Port of Auckland, mainly the Jellicoe and Freyberg wharves. Once, to his recollection, they worked on a vessel at the Bledisloe wharf. C3 was...

3. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

   ...[14] Mr Burdon told Mr Prebble that a further 24 hours would be provided for Mr Morunga to consider the new information, since two people had now confirmed that he was seen beating the cow; this was to provide an opportunity for a further response, before a decision was made as to the outcome. [15] It was this telephone call which was summarised by the Authority Member at para [22] of the determination. Mr Burdon, commenting on that summary, said that although Mr Prebble...

4. Jackman v CAC 10100 & Raos [2011] NZREADT 31 [pdf, 152 KB]

   ...denied that she used the fact that Mr Veltman is known as a local architect to embellish the property’s value for sale and put it that she was simply stating the fact that he is an architect and he designed the property. She regarded it as her responsibility as the listing agent to advance the appeal of the property on behalf of the vendors to achieve maximum value and so composed her advertisement to contain what is set out above. [7] Among the exhibits there is a letter of 9 Feb...

5. Paul and Clare Dolheguy v CAC303 & Sonia Stott [2015] NZREADT 27 [pdf, 225 KB]

   ...property at No. 26A as having total ownership would be misleading. [54] While the Committee noted that the licensee included a solicitor’s clause in the sale and purchase agreement, it is submitted for the Authority that this does not abdicate the responsibility of the licensee to provide accurate information to potential purchasers. We agree. [55] The issue with regard to the fence is not that the licensee incorrectly identified the boundaries of the property but, rather, her all...

6. Sisley & Anor v CAC301 & Anor [2015] NZREADT 50 [pdf, 225 KB]

   ...without authority of the complainant. On this basis, the Committee found that the licensees had engaged in unsatisfactory conduct. [14] The Committee found that Mr Brunton had not offered any concrete proof that either licensee was negligent in their responsibilities or any evidence to support the allegation that the licensees allowed chattels to be sold that were not agreed to. [15] In a 15 August 2014 decision on penalty, each licensee was fined $1,000, censured, and required to p...

7. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...channel of the river in 1994 and today remains a secondary flow channel. [52] Under cross-examination Mr Williamson was asked why you don’t look at the course of a river over a lengthy period of time when assessing the banks of a river. His response was that you should look at a two to three year period and that 50 Waiariki MB 260 there was survey literature on that point. 20 Mr Williamson did not elaborate on what that survey literature was. If there is specific surve...

8. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...appointed as replacement trustees. Orders [63] The Court makes orders pursuant to Te Ture Whenua Māori Act 1993: (a) section 239 appointing: Name Name Pita William Tipene (re-elected) Beth Tui Shortland Peeni Ereatara Gladwyn Henare as responsible trustees in replacement of: Name Name Marie Tautari Ruroa (Lu) Mokau Hau who are retiring trustees upon rotation; and (b) section 220 vests the land assets of the Trust in: Name Name Alexander Joseph Critchfield Caroline Be...

9. Orsborn v CAC 20006 & Collier & JVL Prestige Realty Ltd[2013] NZREADT 69 [pdf, 72 KB]

   ...all attendees at the open home this. ... The terms of sale 11. The first draft of the terms of sale was sent to the vendor’s lawyer, John Key for his approval before being released to any prospective purchasers. On 14 June 2011 I received a response from John Key requesting that some of the terms be amended. He also recommended that the terms should not be released to any prospective purchaser until the subdivision went through. We made the amendments and sent them back to Joh...

10. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

    ...Lot 522 would give her a higher commission; and that the Defendant had responded that she was not interested in obtaining more commission by cheating a purchaser. It seemed to be eventually accepted before us that Mr O’Brien simply smiled at that response. Other evidence for the prosecution [32] There was a helpful brief of evidence from the said lawyer, Mr M M Toepfer, and from Mr G M Gallacher, a senior investigator for the Authority. That evidence was accepted by consent without...