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1. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

   ...based on nothing more than their estimate of what this should be. The Authority’s discretion under s 110 is wide and there is no scale of costs, but this does not mean that the Corporation, rather than the client, should pay for bringing their claims”. [13] That comment is applicable to the costs claims mounted by Mr Forster in both the review and the appeal. The propriety of contingency fees and the lack of professional controls over advocates as opposed to lawyers in such cases...

2. [2024] NZEmpC 49 Chantama v McKerchar Lamb Limited [pdf, 245 KB]

   ...NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 49 EMPC 234/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to join a party BETWEEN ATTAPORN CHANTAMA Plaintiff AND MCKERCHAR LAMB LIMITED Defendant Hearing: On the papers Appearances: P J Brown, counsel for plaintiff D McKerchar, agent for the def...

3. [2014] NZEmpC 139 Brown v Richard & Jennifer Adams t/a Untouchable Hair & Skin [pdf, 64 KB]

   ...the Authority regarding an NMIT invoice. The challenge was 1 Brown v Richard & Jennifer Adams t/a Untouchable Hair and Skin [2014] NZERA Christchurch 58. commenced by a statement of claim on 7 May 2014; Ms Brown filed a statement of defence on 10 June 2014. [3] In this proceeding (CRC 17/14), the applicant filed an application for leave to file a cross-challenge out of time on 10 June 2014 supported by two affidavits. T...

4. KK v HL [2023] NZDT 381 (20 July 2023) [pdf, 223 KB]

   Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 381 APPLICANT KK RESPONDENT HL The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2023, HL advertised his [car] for sale on [online platform]. 2. On 9 April 2023, KK contacted HL saying she was interested in the car. 3. HL drove to KK so she could look at and test drive the car with the assistance o...

5. ADL v ZWO Ltd [2011] NZDT 163 (31 March 2011) [pdf, 61 KB]

   IN THE DISPUTES TRIBUNAL [2011] NZDT 163 BETWEEN ADL APPLICANT AND ZWO LTD RESPONDENT Date of Order: 31 March 2011 Referee: Referee A Davidson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] The Applicant, ADL, purchased a second hand engine from the respondent, ZWO Ltd for $3,000.00 (incl GST) on 3 September 2010. The invoice described the engine as...

6. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...and mileage Infor mation on the duty lawyer approval criteria can be found in the schedule to the Legal Services (Quality Assurance) Regulations 2011. 5 AODT Legal Services team 6 Team leader role 6 AODT defence lawyers 7 Applications for a criminal legal aid grant 8 Rostering policy 9 Attendance requirements 9 Recording attendance 10 iii 4 4 5 5 Contents Alcohol and Other Drug Treatment (AODT) Court Introduction Ap...

7. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

   ...thought that the next step in the proceeding was to be taken by the Company and was waiting for that to happen. She also says that she was unable to pay a lawyer for advice. What any explanation must overcome is the fact that the notice which forms part of the statement of claim specifically advised Ms Little of her obligation to file a statement of defence within 30 days. While I accept that Mrs Little genuinely held the mistaken belief she refers to, it suggests that she failed t...

8. Puna - Rotopounamu 1B3A2C (2018) 70 Tākitimu MB 143 (70 TKT 143) [pdf, 574 KB]

   ...Hemana confirmed that a fresh agreement had been reached with a reputable alternative contractor. The central issue at that time was the raising of finance to complete the project. Mr Hemana contended that the trustees had failed to respond to requests to furnish the necessary applications and failed to reply to the trust’s solicitor, to ensure that the deadlines were met. He confirmed that significant progress towards completion had been made but warned without the Court’s i...

9. IACDT - A Complainant's Guide to Proceedings [pdf, 439 KB]

   ...file. Decisions (‘on the papers’) 9 Normally the Tribunal will decide a complaint without calling for an oral hearing. Once all timeframes for filing documents have passed, the Tribunal will issue a decision based on the written information and submissions before it. Decisions (‘oral hearing’) 10 The Tribunal may request people to appear before it. This is called an ‘oral hearing’. In your Statement of Reply or Answer to Statement of Reply, you ma...

10. BM v YI LCRO 124 / 2010 (7 April 2011) [pdf, 96 KB]

    LCRO 124/2010 CONCERNING An application for review pursuant to Section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Auckland Standards Committee 3 BETWEEN BM of Auckland Applicant AND YI of Auckland Respondent The names and identifying details of the parties in this decision have been changed. DECISION Background [1] In 1992, the Applicant was convicted of two charges of obtaining credit by false...