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...involved in the events which were the subject of the proceedings before the Court. [9] The Standards Committee identified the issues to be considered as: (a) Was Mr ND acting in his capacity as a lawyer? (b) Can the Standards Committee consider a matter before the Courts? [10] The Standards Committee delivered its decision on 13 December 2019. 2 Mr FL described this in his complaint as “false accounting”. 3 [11] The Commit...
...v Culpan) at paras [22] to [24] an earlier application by her for a search order against Dr Culpan was dealt with in the following terms: The request for a search order [22] Consequent on Ms Guo’s belief Dr Culpan has obstructed the course of justice by allegedly destroying evidence, Ms Li by memorandum dated 15 June 2017 has requested an order authorising computer experts retained by Ms Guo to access and search Dr Culpan’s computer records looking for all communications, emails or...
...BUSINESS, INNOVATION AND EMPLOYMENT v JDFOODS LIMITED [2021] NZEmpC 231 [22 December 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 231 EMPC 463/2021 IN THE MATTER OF a without notice application for freezing and ancillary orders BETWEEN A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Applicant AND JDFOODS LIMITED First Respondent...
...The principles concerning the grant of an interim injunction are well settled. The applicant must show that: 5 (a) There is a serious question to be tried; (b) The balance of convenience is in the applicant's favour; and (c) The overall justice of the case supports the grant of an injunction. [15] I address these issues in turn. Is there a serious question to be tried? [16] In determining whether there is a serious question to be tried it is necessary to consider the alle...
COUPER V PAKI MLC 281 Aotea MB 156 [4 April 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT 281 Aotea MB 156 (281 AOT 156) A20120002922 UNDER Sections 19 & 43, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Lloyd Alexander Couper BETWEEN LLOYD ALEXANDER COUPER Applicant AND GABRIEL NOPERA PAKI Respondent Hearing: 51 WAR 250 - 293, 28 March 2012 (Heard at Rotorua) Appearances: Mr I Peterson for the Applicant Mr...
YOUNG V BAY OF PLENTY DHB AK 29 October 2010 IN THE EMPLOYMENT COURT AUCKLAND [2010] NZEMPC 145 ARC 40/10 IN THE MATTER OF an application for leave to challenge out of time BETWEEN RODERICK JOHN YOUNG Applicant AND BAY OF PLENTY DISTRICT HEALTH BOARD Respondent Hearing: 27 October 2010 (Heard at Auckland) Appearances: Applicant in Person Mark Beech and Amy Scott, Counsel for Respondent Judgment: 29 October 2010 JUDGMENT OF CHIEF JUDGE GL C...
...of law must be capable of bona fide and serious argument; (iii) care must be taken to avoid allowing issues of fact to be dressed up as questions of law; (iv) where an appeal is limited to questions of law, a mixed question of law and fact is a matter of law; (v) a decision-maker’s treatment of facts can amount to an error of law. There will be an error of law where there is no evidence to support the decision, the evidence is inconsistent with the decision or the true and only r...
...proceeding. [7] Mr FH appealed that decision to the High Court, and in April 2014 [X] J dismissed the appeal. Mr BT did not appear on those applications, which were argued by senior counsel, although he did appear from time to time on procedural matters in the District Court proceeding. The complainants say Mr FH would have been aware of all those matters and should have called a halt to Mr BT’s involvement as counsel. [8] The proceeding came on for trial in late 2016 before Judge...
2019 Chief Judge’s MB 327 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20160005183 CJ 2016/31 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Paihia 1F2B2 BETWEEN ANTHONY JAMES RUDOLPH Applicant Hearing: 27 February 2019, 2019 Chief Judge’s MB 195-211 (Heard at Whangarei) Judgment: 30 April 2019 JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX
...to which the information has already been disclosed to other persons; and (4) society’s interest in protecting the privacy of victims of offences and, in particular, victims of sexual offences. (5) The Judge may, in addition to the matters stated in subsection (3), have regard to any other matters that the Judge considers relevant. A Judge may give a direction under this section that a communication or information not be disclosed whether or not the communication or...