Search Results

1. [2014] NZEmpC 231 Premier Events Group Ltd and Anor v Beattie and Ors [pdf, 685 KB]

   ...now to the proceedings in which two of the individuals (Messrs Beattie and Regan) are plaintiffs and PEGL is now the effective sole defendant given BAPL’s legal status (in liquidation and receivership) and absent any necessary statutory consent to sue it. These plaintiffs’ claims are set out in their two second amended statements of claim dated 5 October 2011. First cause of action (C1) [32] Mr Beattie alleges that, in breach of contract, PEGL reduced his salary by 20...

2. [2007] NZEmpC AC 48/07 Axiom Rolle PRP Valuations Services Ltd v Kapadia [pdf, 47 KB]

   ...formal official communication stating his “withdrawal” and not just mentioning his intention of withdrawing. He submitted that the words “I would like to withdraw” are different from saying “I withdraw”, the latter being a positive statement the former being an expression of desire or intention. He contended that his email to the Court was meant to be an enquiry as to the processes and formalities and if something was to be addressed to the Judge it would have been don...

3. ENVC paper Justice Without Barriers AIJA Conference 2015 [pdf, 456 KB]

   ...are found in our more recently fitted-out courtrooms. The management of material being displayed on the screens would need to be undertaken by a member of the Court staff, or a person appointed by a key party – probably the applicant seeking consent, or the council. This approach was successfully undertaken in a large case about a motorway that I conducted a few years ago. Electronic filing pilot [17] The Environment Court would like to move as soon as possible to pilot electro...

4. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...number of previous decisions. [10] In CAC v Downtown Apartments Ltd (in liquidation) and Anor [2010] NZREADT 06 at [63], we found proved that the licensee company had drawn on deposit funds in its trust account without the complainant purchaser’s consent and before the relevant sale and purchase agreement had gone unconditional. We held at that paragraph [63] that such conduct was: “... at the high end of disgraceful conduct [striking] at the very heart of the duties of a real es...

5. Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75) [pdf, 126 KB]

   ...Castanho v Brown & Root (UK) Ltd. In that case the plaintiff, who was a Portuguese citizen residing in Portugal, issued proceedings in England claiming damages for personal injury. After the second defendant had made an admission of liability, a consent order was made requiring the second defendant to make an interim payment of damages. Payments were made. The plaintiff then discontinued the proceeding and filed fresh proceedings in Texas, on advice that he would obtain a la...

6. Firmin v ACC [2014] NZACA [pdf, 44 KB]

   ...talking about the appeal, but I think that the 25.5 hours charged for attendance at the case conferences and preparation of submissions and attendance at the hearing is quite reasonable and should stand. Obtaining Mr Firmin’s files and preparing statements and contingencies should also be properly taken into account, as well as travel time for Mr Murray. [21] In my view, a reasonable fee, based on Mr Murray’s charge out rate of $175.00 per hour and the attendances actually require...

7. UI v OQ LCRO 225/2011 (8 March 2013) [pdf, 78 KB]

   ...at review, but is included to raise awareness about concerns that are expressed in the course of the review. [13] In seeking a review of the Standards Committee’s decision, the Applicant made lengthy submissions, which largely amounted to a restatement of his initial complaints. A copy of the original complaint was also included. The review application included some criticisms of the Practitioner that had not been included in his original complaints. [14] The Applicant was par...

8. Musese v Min [2013] NZIACDT 24 (04 April 2013) [pdf, 119 KB]

   ...Visas (Cape Town) admitted that all Mr Musese’s personal documents had been sent to Australia and his affairs were being dealt with by Mr Min. [12] Mr Musese was offended that Mr Min was examining the personal information in the papers without his consent or knowledge, as he regarded the information as personal. [13] Mr Min sent Mr Musese an email on 15 September 2011 introducing himself. Mr Musese replied, and challenged Mr Min for acting unprofessionally and unlawfully, having engag...

9. OP v PQ LCRO 32 / 2012 (16 August 2012) [pdf, 91 KB]

   ...appeal added further costs to the original debt. The Practitioner and the Applicant reached an agreement about how the debt would be paid (which included costs agreed at a sum less than the applicable scale). The Judge recorded this agreement in a Consent Order dated 4 November 2010 which stated that the amount to be paid by the Applicant was fixed at $2,955.63, and that this sum would be paid by instalments as agreed between the parties, with payment to be completed by 31 January...

10. AN on behalf of AAK v ZL LCRO 111 / 2010 (17 February 2011) [pdf, 107 KB]

    ...review I have considered the Standards Committee file and the correspondence and material provided by the parties to this Office. [40] The view was formed that the review could be carried out without an appearance from either party and each party consented to the matter proceeding on that basis pursuant to s206(2)(b) of the Act. Who was the Respondent acting for? [41] Essential to this review is a determination as to who the Respondent was acting for. [42] The Applicant states...