Search Results

1. [2012] NZEmpC 62 Quan Enterprises Ltd v Fair [pdf, 70 KB]

   ...figure should be no more than the accepted starting point for costs awards recognised by the Court of Appeal in Binnie v Pacific Health Ltd, 1 namely 66 per cent of the actual costs incurred. Finally, the plaintiff claims that it should not be responsible for costs of $1,128 which relate to the defendant’s application for leave to file a statement of defence out of time. The plaintiff also disputes the disbursement claim. [3] By way of background, the defendant, Mrs Fair, was...

2. [2012] NZEmpC 67 Penney v Fonterra Co-Operative Group Ltd [pdf, 78 KB]

   ...be but, if agreement is not possible, counsel for Fonterra should file and serve a memorandum within 20 working days after the date of this judgment. Ms Penney will then have a further 20 working days in which to file and serve a memorandum in response. [2] For the defendant, Mr Rooney filed a memorandum on 19 December 2011. It was filed by email which showed that a copy had been sent at the same time to Ms Penney at an email address which, in the course of evidence, she acknowled...

3. [2009] NZEmpC CC 14/09 Gorrie Fuel (SI) Ltd v Scott [pdf, 24 KB]

   ...that Mr Gorrie and I became aware that Mr Scott had retained counsel. In these circumstances, the plaintiff’s opposition was not unreasonable. Mr Gorrie’s decision in the course of the hearing to withdraw the plaintiff’s opposition was also responsible and ought not to be held against the plaintiff with respect to costs. [6] I made those observations at the time because I did not want it thought that the withdrawal of opposition in the course of the hearing should necessarily r...

4. [2012] NZEmpC 165 Snowdon v Radio New Zealand Ltd [pdf, 68 KB]

   ...the allegations made against Mr Quigg and his firm. In my interlocutory judgment of 24 June 2011 6 I set out the authorities relied on by Mr Tizard which establish, that allegations of fraud must be alleged with precision and that there are responsibilities on counsel when making allegations of fraud which are higher than in respect of other allegations. Where fraud is alleged there must be clear and sufficient evidence to support it: see for example Carter Holt Harvey v Comme...

5. U v Tangilanu [2015] NZIACDT 35 (23 March 2015) [pdf, 135 KB]

   ...Zealand’s queries. [6.3.4] She did not tell her clients the applications failed. [6.3.5] The Registrar also identified potential breaches of the 2010 Code arising from the same matters, if the more serious finding of negligence is not made out. The responses [7] Ms Tangilanu did not file a statement of reply; she was not required to do so if she accepted the contents of the Statement of Complaint. [8] The complainants did not file a statement of reply, but indicated they agreed w...

6. Law v CAC 20001 & Lewis [2012] NZREADT 49 [pdf, 37 KB]

   ...listing and he was working there. It had been done by them, it had not been updated by him and as soon as he found out that they were continuing to list the property he immediately withdrew it. [6] On 20 September 2011 Mr Law wrote to the REAA in response to the complaints and said inter alia that the property was carried over with the hope of getting a tenant for Ms Lewis’s properties faster and assuming that an individual salesperson/agent still had the authority to find a tenant f...

7. ENVC Matiatia party corresp RPMay15 stormwater draft conditions [pdf, 35 KB]

   ...accordance with the Council approved Stormwater Operation and Maintenance Plan. A maintenance report shall be provided to the Team Leader on request. The maintenance report shall include, but not be limited to, the following: (a) Details of who is responsible for maintenance of the stormwater management system and the organisational structure supporting this process; (b) Details of any maintenance undertaken; (c) Details of what inspections were completed over the preceding twelve...

8. AER & AES v ZVD Ltd & ZVC [2013] NZDT 259 (8 August 2013) [pdf, 70 KB]

   ...flood was so severe that knee deep water flowed into Property A. Had they been stored on the floor inside, it seems to me they would probably have been damaged by the flood, as were other household contents. Therefore, I find no reason to place responsibility for this part of the loss with AER and AES. [24] ZVC had emailed a copy of the contents policy to AER together with the Quote for Insurance. In addition, AER acknowledged he had received his copy of the policy from TB b...

9. ACJ v ZXV [2013] NZDT 147 (5 June 2013) [pdf, 98 KB]

   ...claim seeking repayment of this sum from ZXV. ZXV also filed a claim seeking a declaration that he was not liable for the costs. [4] ZXV did not dispute that the incident occurred, but defended the claim on the basis that he should not be held responsible for the sudden onset of an epileptic seizure, over which he had no control. He was also concerned at the level of costs being claimed. Issues [5] Every driver has a duty to act with reasonable care and with due considera...

10. LAT - Practice note - 2011 [pdf, 176 KB]

    ...next friend or guardian ad litem or a person intending to act in that capacity (s 15(3)). [4.7] The Chair of the Tribunal may waive the requirements of sections 15(2) and (3) of the Act (s 15(5)). 5. PROVISION OF INFORMATION [5.1] It is the responsibility of an applicant to establish his or her case and to ensure that all evidence and submissions are provided to the Tribunal before it makes its decision. [5.2] All written evidence and submissions which are not in the Englis...