4516 items matching your search terms
...with a draft set of proposed High Court proceedings. Some lawyers might argue that this could have provided additional leverage when Ms MO was at her most difficult to deal with, which seems to have been after the promising JSC in May 2011. [101] But that is speculative and the issue sits squarely in the area of strategy. Strategy is informed by skill, judgment and experience. Mr JM was said by both Mr B 21 See for example Mr GI’...
...VO] offered, and secondly, “partly to assist [their] neighbours … obtain payment” from Mr and Mrs VO of one third of the construction cost “already concreted” because the neighbour “had to make full payment to the contractor”. [101] He complains Mr VO did not subsequently attempt to “reach a compromise on the peripheral matters [Mr VO] undertook to attend to” in Mr VO’s 5 November 2012 letter. [102] I note, however, that in June 2012, Mr VO had informed Mr XN a...
...However, Flanders Marlow reported that “it was clear that the pile foundations were makeshift and/or decayed from the initial views obtained through the [inspection] hatch”, and subsequent inspections confirmed the damp state of the subfloor. [101] We are in no doubt that the Committee was correct to find that the damp odour and damp state of the subfloor would have been reasonably apparent to Mr Smith, and that in failing to report this to Mr Moseley, he failed to exercise sk...
...Many of the provisions in this part are not particularly relevant, however I endorse the emphasis she has given to the key provisions and agree with her conclusions that the proposal is contrary to a number of the objectives and policies. 101. Objective 13.3.1 refers to the sustainable management of the island’s wharves and is supported by policies which refer to “ensur(ing) accessibility to and from the island is maintained and enhanced” and where passenger transport is...
...taking up further possession of the Horowhenua 11 (Lake) block including the buildings known as the Nursery; b) Under s 20(d) for recovery of vacant possession of the Horowhenua 11 (Lake) block including the buildings known as the Nursery; [101] For the avoidance of doubt, these orders are to apply to Mr Taueki’s current occupation of the Nursery buildings and immediate surrounds, and extend to any future unauthorised occupation of any of the Horowhenua 11 (Lake) block on a temp...
...theological understanding of the nature of committed lifelong, monogamous same sex relationships. Only the Anglican Church is competent to determine that issue through its institutions of governance acting in accordance with its Constitution. [101] From the evidence we have heard that process under the three order system of bishops, clergy and laity is well underway. The Tribunal was told that it is a slow process but as Archbishop Richardson explained, it provides for carefully consid...
...dismissed by the organisation, for what other reason could they force her to hand over her assigned laptop and computer access. She says she returned to her car shaking and upset and was in tears later in the day as related it to her family. [101] In relating these events in Court and in presenting her case, the appellant was frequently tearful and had to stop on several occasions to compose herself. She was supported in Court by her husband, two daughters and a friend. The way i...
...own account. While he assisted with the selection of staff, the ultimate decision was with the owners of the business. The only financial risk he took was related to the profitability of the branch which dictated the bonus he would receive. [101] While Mr McLean was registered for GST he had no other business interests or even time to operate these given that he usually worked a 6-day week. However much hypothetical flexibility of time he had, the reality was that he was a full tim...
...between 7 October 2016, the date of the 2016 personal care and welfare EPA, and receipt by Mrs PY of Mr SD’s 18 May 2017 letter, the 2013 personal care and welfare EPA would have “continue[d] in force”.41 (5) EPA – donor capacity [101] Before a donor signs an instrument intended to be an EPA, the matters a lawyer/witness must attend to include: 40 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at...
...promptly into a bank in New Zealand to a general or separate trust account of [the practitioner] and (b) must hold the money, or ensure that the money is held, exclusively for that person, to be paid to that person or as that person directs. [101] Next, r 3.4(a) of the Rules provides (footnote omitted): Provision of information 3.4 A lawyer other than a barrister sole must, in advance, provide in writing to a client information on the principal aspects of client service including...