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...I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 163 EMPC 467/2023 IN THE MATTER OF an application for special leave to remove proceedings to the Employment Court AND IN THE MATTER OF an application for costs BETWEEN LDJ Applicant AND EZC Respondent Hearing: On the papers Appearances: MC Donovan, counsel for applicant MW O’Brien, counsel for respondent Judgment: 30 August 2024 COS...
...of no merit. At best it is a technicality which can be overcome by the Tribunal affording Ms Taylor an opportunity to submit an account. This would be a pointless exercise given there is no challenge to the fact Ms Taylor did the work or that her charge out rate is anything but reasonable. We fail to see why, in these circumstances, the absence of a formal account should disentitle an award of costs. Section 105 of the Human Rights Act was meant to free the Tribunal from such empty ma...
...the high cost criminal case policies are fit for purpose and work well for you and our customers. The number of submissions was limited, however regardless of that, we have considered each of the submissions based on their merit. Overall, your feedback told me that you fully support simplifying the forms and reducing their number. You helped us clarify some of the language and suggested we be more specific about the information we need to approve a request. A great many of you com...
...Mr Nakarawa might reasonably have been expected to obtain but for the breach. [108.3] Damages of $15,000.00 are awarded against AFFCO under ss 92I(3)(c) and 92M(1)(c) of the Human Rights Act 1993 for humiliation, loss of dignity and injury to the feelings of Mr Nakarawa. [108.4] It is ordered pursuant to s 92I(3)(f) of the Human Rights Act 1993 that AFFCO, in conjunction with the Human Rights Commission, provide training to its management staff in relation to their and AFFCO’s obliga...
...deciding whether to make an award of costs, the Tribunal must take into account the fundamental principle of better protection of human rights in New Zealand and in particular, the fundamental principle of preserving access to courts: [6.1] Court fees and costs burdens may de facto prevent people from pursuing the vindication of their rights in proceedings available to them before the Tribunal, thereby violating their right under the ICCPR, art 14(1) to equal access to courts. See the d...
...parity is a method used to calculate an alternative exchange rate between the currencies of two countries. The PPP measures how much a currency can buy in terms of an international measure (usually dollars), since goods and services have different prices across different countries. Comparisons using real exchange rates are considered less valid, since they do not reflect price differences between the countries. On the basis of the OECD’s index of PPPs for GDP for 2004, $1NZ equates to...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 19 READT 019/19 IN THE MATTER OF An application for an award of costs under s 110A of the Real Estate Agents Act 2008 BETWEEN SAGAR SINGH Applicant AND RAMJI GOVINDARAJAN Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Mr G Denley (Member) Ms C Sandelin (Member) Submissions filed by: Mr A J Woodhouse, on behalf of Mr Sin...
...Conveyancers Act 2006 AND CONCERNING A determination of the Auckland Standards Committee 2 BETWEEN COMPLAINANT A of Auckland Applicant AND LAWYER X of Auckland Respondent DECISION AS TO PENALTY AND COSTS Identifying details of this decision are to remain confidential Background [1] In a decision of 20 February 2009 I found that Lawyer X was guilty of misconduct in his professional capacity in that he assisted in the execution of a wil...
...Registries/Ministry staff in supporting the Environment Court in the exercise of its jurisdiction in relation to direct referrals and the recovery of those costs, will be subject to this cost recovery policy. Time and disbursements In addition to any lodgement fee required by statute, this cost recovery policy will focus on actual cost and time taken to undertake tasks associated with the administration, Page 3 case and hearing management and final determination of a direct ref...
...discussion between the parties. (emphasis added) 3. It is noted that WIAL and Guardians of the Bay/ Hue te Take have reached agreement as to costs. 4. Jumpjet has sought costs totalling $2,637.78 (GST inclusive) in relation to: (a) legal fees of Andrew Cameron dated 20 March 2017; (b) business consultancy fees of John D Cook (invoice undated); (c) director consultancy fees and related disbursements; and (d) purchasing Annex 14 – Aerodromes – Volume 1 – Aerodromes...