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...plaintiff on 4 June 2014. [88] Use of the phrase “any of the defendant’s costs and/or disbursements” and the reference to “solicitor/client costs” make it plain that the contract extends to costs on an indemnity basis. [89] As the Court of Appeal has observed: 19 It is clear in principle and on authority that once it is established that the indemnity is applicable in the circumstances and that, properly construed, it 1...
...30 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]. 31 Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), at [35]-[39]. [88] I accept Ms Buckett’s submission that the Court of Appeal in Blue Star Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.32 In short, such an offer should not be unreasonably rejected, and a “steely approach” is
...in Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union5. This too was a case where an employee was dismissed for unauthorised possession of company property, removing a can that contained thinners from Honda’s premises. The Court of Appeal upheld the Labour Court’s formulation of the standard of proof as follows: (i) A charge of the greatest gravity had been levelled against the worker and the burden of justifying the dismissal was, of course, on the respondent employe...
...the Act. This entitles the plaintiff to “a full hearing of the entire matter” which was before the Authority. The “matter” that was before the Authority was whether it should accept the Union’s referral to facilitation. This is not an appeal in the traditional sense of an examination of the correctness of the Authority’s decision on the facts before it. Rather, a party electing to challenge by hearing de novo is entitled to a consideration of the “matter” (whether...
...specify which of the “working days” in the 16 days off work at the end of a 160-day roster period were the specific alternative holiday for any public holiday that had been worked in the previous roster period.23 In that situation, the Court of Appeal said that it did not matter, either to the Fire Service Commission nor to any particular firefighter, which of the working days in the 16-day slot was an alternative day, as opposed to an annual leave day.24 In the circumstances,...
...Review, being zoned General Industrial. The proposed activity requires resource consent under the PDP for the following reasons: Rules that have legal effect under s86B(1) but are not yet treated as operative under s86F as they are subject to appeal are: • A restricted discretionary activity pursuant to Rule 25.4.2 in regard to the proposed volume of earthworks. It is proposed to undertake a total of 25,300m3 of earthworks in lieu of the permitted total of 1,000m3 within the Ru...
...there has been some debate as to whether general damages should be awarded on a per dwelling or a per owner basis Ellis J concluded in Findlay & Anor as Trustees of the Lee Findlay Family Trust v Auckland City Council13 that the Byron Avenue appeal confirmed the availability of general damages and leaky building cases in general was in the vicinity of $25,000 per dwelling for owner occupiers. White J in Coughlan & Ors v Abernathy & Ors14 confirmed that standard rates...
...Crown has taken reasonable steps to become informed of Maori interests, and has acted 11 Wai 2522, #3.1.11, para 61 11 reasonably and in good faith. What is required is a balancing of article 1 and article 2 rights, consistent with the Court of Appeal's findings in the Lands case that "the principles of the Treaty do not authorise unreasonable restrictions on the right of a duly elected Government to follow its chosen policy" .12 47. The Crown says the Wai 262 Report...
...3 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 4 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T27861815733&backKey=20_T27861815738&homeCsi=274461&A=0.9386854289400859&urlEnc=ISO-8859-1&&dpsi=02IN&remotekey1=REFPTID&r
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