Search Results

1. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...to ascertain in the absence of any written agreement, the parties’ subsequent conduct in dealings with each other are also relevant to the nature of the agreement between them. The facts The work of a teleprompter [5] Teleprompters are responsible for the script of a television presenter while a television programme is being produced in the studio. Before production, the teleprompter receives the programme script from the production team which includes the presenter’s li...

2. Goffe v ANZ Bank New Zealand Limited - Whirinaki 5K 6F (2015) 99 Taitokerau MB 248 (99 TTK 248) [pdf, 203 KB]

   ...application, she did so without the benefit of legal advice. When she became aware of the hurdles she faced she took prompt steps to obtain advice and then discontinued the application at an early stage of the proceeding. I consider that Mrs Goffe acted responsibly by doing so. Quantum [39] For these reasons, while I consider that costs should be awarded, the award itself should be modest. I consider that an award of $583.60 is appropriate. This reflects an award of 10% of ANZ...

3. Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151 (331 AOT 151) [pdf, 154 KB]

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

4. [2014] NZEmpC 212 Cudby & Meade Ltd v New Zealand Furniture, Manufacturing and Associated Workers’ Union Inc [pdf, 99 KB]

   ...and affidavit in support in an acceptable format was eventually filed on 23 December 2013. Subsequent developments [14] As noted above, the Union is represented by Mr Graeme Clarke who is its National Secretary. Mr Clarke filed a memorandum in response to the minute of the Chief Judge dated 13 January 2014 in which he noted that Cudby & Meade had made no effort to comply with the order of the Authority regarding the remittance of union fees to the Union, even though it had no...

5. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...satisfied that the failure of the Landcruiser’s fuel system would never have happened if the Landcruiser had not filled up with a tank of contaminated diesel from ZZJ Ltd on the day in question. [15] Thus, ZZJ Ltd must be seen as primarily responsible, and thus more than 50% responsible, for the damage suffered. [16] I have had regard to ZZK Ltd’s belief that the primary cause was poor maintenance, but more evidence was heard about the servicing of the vehicle at the heari...

6. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...the complainants. [21] In relation to point (b) above, the Authority understands that the licensees were provided with a document during disclosure that made references to “freestanding, on carpet, the skirting board ...”. That document is a response on paper from the licensees, not an interview with the complainants. Final Response of Counsel for the Licensees/Applicants [22] The major points made for the applicants is that the private interest of an agent, in not having a Re...

7. Morton v Marshall [pdf, 46 KB]

   ...contract has been breached and that the Claimants are entitled to damages in the nature of the cost of remediation and repairs. However the problem for the Claimants is that the company has gone into liquidation and accordingly is unable to meet its responsibilities. [31] Exhibit 11 is a NZ Companies Office search of the company which shows that it was placed in liquidation on 25 July 2005. Exhibit 12 is a “liquidator’s six monthly report” (Naylor Lawrence & Associates...

8. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...Wellington City Council, Costs Decision WHT TRI-2007-101-29, 30 May 2008, Adjudicator Pitchforth – upheld on appeal in Trustees Executors v Wellington City Council, HC Wellington, CIV-2008-485-739, 16 December 2008, S France J at [44]-[47] 7 of responsibility that they accepted. As a result the Council was needlessly involved in two days of hearing. [24] The Court of Appeal has discussed the effect of a Calderbank offer. In Moore v Mcnabb (2005) 18 PRINZ 127 (CA175/04;...

9. Alice Wouters v The Real Estate Agents Authority (CAC 412) & Thomas Richardson [2017] NZREADT 72 [pdf, 188 KB]

   ...Agents Authority [2016] NZHC 2898, at [111]. 11 Section 111(5) of the Act. [15] She said that because of her concern about such a subdivision she asked Mr Richardson, on two occasions, what he intended to do with the balance land and his response was that there would be nine two-hectare lots. She further said that if she had known that the subdivision was going to be into anything other than that, she would not have bought the property. [16] In his response to the complaint...

10. LCRO 164/2009 Lydd v Maryport [pdf, 166 KB]

    ...2008, though the issues had been raised with Mr Lydd through Mr and Mrs Maryport’s counsel in earlier exchanges of correspondence. [2] The complaint was forwarded to Mr Lydd by the Society on 1 December and he was invited to comment on it. A response was provided on 19 December in which Mr Lydd observed that civil proceedings in respect of the subject matter of the complaint had been threatened and expressed the view that in all the 2 circumstances Mr and Mrs Maryport were...