Search Results

1. Powell v Savage - Lot 7A Parish of Matata (Oniao Marae) (2020) 246 Waiariki MB 265 (246 WAR 265) [pdf, 210 KB]

   ...the testing of the trustees’ mandate by the holding of an election. To avoid doubt, the trustees are directed to vacate their positions at the next general meeting so that an election can occur. As I indicated at the hearing, any of the current responsible trustees may wish to stand for re-election. Provision should also be made for voting by both show of hands and ballot if requested. Moreover, as the Court of Appeal confirmed in Clarke v Karaitiana this Court should fashion el...

2. [2018] NZSSAA 62 (6 December 2018) [pdf, 153 KB]

   ...his son’s personal belongings. When questioned as to whether his son owned the gym equipment sold through TradeMe, the appellant said that his friends and family put proceeds from their TradeMe sales into this account to support his son. In response to Ms Braden’s questions about the multiple sales of gym equipment, the appellant said he sold the gym equipment to pay for his car which had broken down. [22] We then asked the appellant why he told the MSD investigator that he...

3. McDonald - Kai Iwi No 1 C (2021) 442 Aotea MB 70 (442 AOT 70) [pdf, 230 KB]

   ...individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. (4) Subject to subsection (5), the court may appoint any such individual or body as a responsible trustee, or an advisory trustee, or a custodian trustee. (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian tr...

4. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...agency work in respect of the sale and purchase of the property at 40 B Buckley Road, Epsom, Auckland (“the 40 B property”), outside the scope of his real estate salesperson’s licence. He was asked to provide (by 3 April 2020) a written response or explanation of the matters raised by the Committee, and to provide any documents in his possession relating to the sale and purchase of the 40 B property. [4] Mr Lee requested and was granted extensions of time until 12 May and 19...

5. LCRO 92/2021 AZ v BY (19 July 2021) [pdf, 134 KB]

   ...administering her firm’s trust account according to the Regulations.4 [19] Mr AZ says that Ms BY’s position is that she is doing what the Deed contemplates. If that is correct, there would be nothing unusual in it. It is consistent with those responsible for estate administration abiding the decision of the Court if the parties do not resolve disputes. Simple submission to the Court’s jurisdiction tends to be an economically appealing approach where interested parties do no...

6. [2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki [pdf, 225 KB]

   ...documents on Oranga Tamariki’s lawyers. [5] The Authority realised Mr Gumbeze had made a mistake and promptly referred him to the Employment Court’s website. On the afternoon of 30 June 2022, he filed the same documents in the Court by email. In response to that email he was advised that to perfect an application for leave to extend time he needed to file a draft statement of claim. The next day, 1 July 2022, Mr Gumbeze filed an application for leave, an affidavit in support...

7. Cuthbert v Accident Compensation Corporation (Late appeal to the District Court) [2022] NZACC 250 [pdf, 182 KB]

   ...appeared to have been overlooked. The Court hereby directed that: (a) Mr Cuthbert file a formal application for leave to appeal out of time, with supporting reasons, by 3 May 2022; (b) The Corporation and Goodman Fielder each file submissions in response to the leave application, by 17 May 2022; (c) Mr Cuthbert file a submission in reply by 24 May 2022 [5] On 5 May 2022, Mr Darke, for Mr Cuthbert submitted that the appeal was filed late because of the build-up of ACC reviews (and...

8. Auckland Standards Committee 2 v Burton [2023] NZLCDT 23 (26 May 2023) [pdf, 98 KB]

   ...ordered Mr Burton to complete the distribution of the estate by 7 February 2022 (second order) and pay a further fine of $5,000. [5] When Mr Burton failed to comply with the second order, the Committee opened an own motion investigation. In response to this, in April 2022, Mr Burton told the Committee of personal and professional stresses which had impinged on his ability to make the distribution ordered. He also noted that his dislike of Ms L had contributed to his unwillingnes...

9. QS v T Ltd [2024] NZDT 703 (15 August 2024) [pdf, 115 KB]

   ...remotes, missing knives (for which the claim was withdrawn), broken house automation components and a damaged dressing chair. 8. QS contends that T Ltd breached the contract by failing to identify who had caused each problem so recompense from the responsible guest/s could not be sought. He also says T Ltd’s failure to notify him of many of the damaged or missing items in a timely manner has prevented him from recovering losses via an insurance claim. 9. T Ltd contend that they d...

10. [2024] NZREADT 33 – Wilson v REAA (15 September 2024) [pdf, 105 KB]

    ...Registrar sent a letter to the applicant advising him of the Registrar’s intention to cancel the applicant’s licence on the basis that he had not completed the ten hours of CPD. The applicant was given ten working days to provide a written response as to why his licence should not be cancelled. [12] On 12 March 2024, the applicant submitted an application for a deferral to complete the outstanding topic as he was unaware that the topic was through another provider. [13] On 18...