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...Ms GH “were able to, and did, discharge the obligations owed to their respective clients”. 9 At [31] referring to email MN to GH (13 August 2015). Other emails from Ms MN contain similar statements. 10 At [32]. 11 At [35]. 12 At [37]. 13 At [39]. 8 [29] In conclusion, the Committee observed that Mr DE and Ms GH ought to have agreed with Ms MN a process for settlement of the two properties which may have avoided the c...
...faith report, dated 1 October 2024, the Authority noted that its investigation meeting had been set down four times before the matter was heard on 28 June 2023. The first investigation meeting had to be vacated as neither party had lodged witness statements. Before the second meeting, Mr Byrne again failed to file witness statements until warned that his claim would not be heard, after which he lodged statements in the form of emails. The second meeting was also vacated as Mr By...
...TRIBUNAL1 [1] These proceedings under s 50 of the Health and Disability Commissioner Act 1994 were filed on 8 May 2019. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A Consent Memorandum dated 8 May 2019. [2.2] An Agreed Summary of Facts, a copy of which is annexed and marked “A”. [3] The Consent Memorandum is in the following terms:...
...substantive proceedings and on 24 May counsel agreed to a fixture for the substantive restraint issue, commencing on Tuesday 7 June, and continuing on to Friday 10 June. [11] Initially it was contemplated that Hally would file and serve, by 27 May, a statement of claim including allegations of breaches of the employment agreement whether express or implied, in relation to confidentiality, competition or fidelity, in addition to the claim for enforcement of the restraint provisions...
Page 1 of 15 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 10 FIRST APPLICANT GO SECOND APPLICANT KO RESPONDENT MD The Tribunal orders: 1. MD is to pay to the sum of $2,700.00 to GO on or before the close of business on Wednesday, 14 May 2025. 2. MD is to pay the sum of $942.08 to KO on or before the close of business on Wednesday, 14 May 2025. 3. Immediately upon MD making the payment set ou
...to replace an earlier dwelling constructed by his koroua, Te Wirihana Tawake. Mr Kauika-Stevens further claims that the approval of whānau and beneficiaries was sought and given for the erection of the house and that his father also received the consent of the local authority. Accordingly, the applicant asserts that ownership of the dwelling and the two outbuildings in favour of his immediate whānau should now be recognised. [3] The applicant also says the trustees have failed to...
...fwther adjournment was granted to allow the parties to prepare evidence and submissions in reply. [20] The Special General Meeting was held on 15 November 2003. The Trust's auditor's report and notes were presented along with financial statements (covering the petiod ending 30 June 2003). It appears from the minutes that the information was received with a great deal of concem. In addition to the audit report, the nieeting discussed varying the constitution. No formal vo...
...to Ahipara A7. The reference in the letter of 8 December 2008 to shares equivalent to “two acres” has compounded the confusion as Mr Lunjevich’s entitlement in Ahipara A7 is well short of two acres. Further, I conclude from the various statements made by Brenda that she only intended receiving her 1/7 th interest of the shares in Ahipara A7. Had Brenda clarified that at the outset then it may well be that her brother Daniel would not have objected to the gifting....
...in tax issues. It is likely that HC would have agreed with Mr HC Senior’s intention to seek an opinion. It would not have been a breach of the obligation to supervise to leave Mr HC Senior to communicate with Ms NL and obtain all necessary consents. [33] Mr WR’s submissions in relation to communications with Ms NL are relevant to the complaint against Mr HC Senior. It is reasonable for Mr HC to object to these matters being raised against when Mr HC Senior is not able to de...
...the mediator about what the aim of the day is and how the mediation will progress. They will also set some ground rules that will help the day move smoothly. The mediator will then invite all the parties to introduce themselves and give a brief statement on what they feel the main issues are for the day. This will give an opportunity for each party to hear the others’ perspective. Mediation for standard claims February 2014 – Page 5 Ministry of Business, Innovation and Employ...