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1. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...the Will’s construction, the surviving life tenant should take the whole estate on the trust as stated and intended in the Will. [19] In addition to the submission that there has been an error in the interpretation of the will, the applicant claims that there were errors or omissions in the presentation of the facts of the case to the Court. In particular, he submitted that the précis of the Will that was written by the Māori Trustee and submitted to the Court was erroneous in it...

2. Anderson v CAC 20003 & Ors [2014] NZREADT 15 [pdf, 158 KB]

   ...information relating to the property including the tender conditions which state that any purchaser must rely on his, her, or its own judgement and due diligence in all respects. [7] On 3 April 2012, Mr Tam of Yang Lawyers wrote to the licensees claiming that the advertisement for the property was misleading and/or deceptive. Mr Tam stated that the advertisement failed to disclose : [a] by law, the property can only be used as a retirement village; [b] the property would be sold su...

3. Aylesbury v Milton LCRO 61 / 2009 (31 July 2009) [pdf, 36 KB]

   ...proceedings that a payment be made and that the party in whose favour that order had been made was having difficulty obtaining that payment. In that case the Court accepted that the creditor had significant assets. He had also offered to pay the amount claimed into court (though in the event only a portion of the sum was directed to be so paid). The debtor sought an order that he not be adjudicated bankrupt on the basis that he was able to pay his debts. In this he was asking the...

4. LCRO 264/2016 YQ v VG [pdf, 174 KB]

   ...school [42] Ms YQ contends that Mr VG did not maintain his independence while he was engaged in litigation for his client. Litigation is the process of taking a case to a court of law so that a judgment can be made.6 On that basis, Ms YQ raising a claim to a personal grievance probably marks the start of the litigation process. [43] This aspect of Ms YQ’s complaint again relates to Mr VG’s roles in investigating, advising and representing the employer. Her complaint extends...

5. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...with an indication that those persons selected had broad beneficiary support (of those beneficiaries in attendance) to be trustees. Mr Thompson [31] Mr Thompson has previously been a trustee on this Trust. The applicant has made a number of claims against Mr Thompson in that he, along with other trustees, mismanaged funds. The allegations made by Ms Roberts, have been before this Court. As it stands those allegations made are unproven. There have been no findings of mismana...

6. [2018] NZSAAA 1 (17 January 2018) [pdf, 256 KB]

   ...may be granted LFT status were deliberately narrowed since the Applicant was originally approved and the reason for that approval is no longer available to him.” [12] In response to the argument on inconsistency, the Secretary rejects both the claim itself and the suggestion that, if inconsistency could be shown to exist, it would affect the decision in this case. “The applicant noted that he was aware of other athletes who had been granted LFT status but submitted no evidence...

7. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...arise out of her concerns regarding RT’s involvement in the [Property 1] Development. [35] The first question to consider is whether Ms LO’s second complaint replicates her first. This requires a brief discussion of the law concerning repeat claims or complaints. In general, it is not open to a complainant who has been unsuccessful with their complaint, to start the process again by the filing of a second complaint that rehashes the ground covered by the first. The general de...

8. [2020] NZREADT 54 - Beath v The Real Estate Agents Authority (29 October 2020) [pdf, 273 KB]

   ...The grounds for doing so included that one proceeding had a trial fixture allocated for some four months after the date the application was heard, whereas the proceeding sought to be heard with it was at the stage of a “detailed and amended statement of claim” which had been filed the same day.9 [20] We have concluded that it is significant that the charges proceeding is scheduled for hearing. The appeal proceedings are at a far less advanced stage: in fact, signalled appeal...

9. [2020] NZREADT 27 – Deng v Real Estate Agents Authority (25 June 2020) [pdf, 214 KB]

   ...Agent in the event a transaction is concluded”. [9] After some negotiation, the prospective purchaser’s unconditional offer on each property was accepted by the vendors late on 21 October 2018. [10] Upon the sale of the properties, Glovers claimed commission on No. 26, pursuant to their sole agency agreement, and lodged a caveat against the title, preventing settlement until commission was paid. In order to achieve settlement, the vendors paid Glovers a commission and legal f...

10. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

    ...provide the information sought or face the consequences;6 6 68 Tākitimu MB 132, 2 May 2018 (68 TKT 132) 81 Takitimu MB 58 (j) 22 May 2018 – the trustees seek to withhold information claiming confidentiality in the context of questions put to them by Mr Francois and this was followed by a further email exchange between counsel; (k) 18 December 2018 – the Court issues interim judgment setting out further directions f...