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...(Richmond) confidential information, including any information relating to Client A; a penalty of $2,000 was imposed on Ms Bracewell for breach of the employment agreement. The Court of Appeal subsequently declined leave to appeal on any question of law. 3 1 Bracewell v Richmond Services Ltd [2014] NZEmpC 111. 2 Bracewell v Richmond Services Ltd [2013] NZERA Auckland 481. 3 Bracewell v Richmond Services Ltd [2014] NZCA 629...
...said that NI had a dongle which allowed her to access SO Ltd’s account. He said she wrongfully transferred $5,000 to KI’s personal account after he resigned as a director and shareholder. LM considered that the money was therefore converted by law to a loan that was repayable on demand. 9. KI and NI said the payment of $5,000 was to thank them for the unpaid work they had done for the company. Neither KI or NI received any remuneration for the time they put into the company or fo...
...6 9 Waikato Maniapoto MB 267-275 (9 WMN 267-275) 7 33 Waikato Maniapoto MB 209-218 (33 WMN 209-218) 8 34 Waikato Maniapoto MB 134-135 (34 WMN 134-135) 9 40 Waikato Maniapoto MB 162-201 (40 WMN 162-201) 54 Waikato Maniapoto MB 34 The Law [12] The Māori Land Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land, in accordance with Part 14 of TTWMA. The jurisdiction is discretionary. Regardless of whether a partition applicant is b...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 52 APPLICANT MJ RESPONDENT OM Ltd The Tribunal orders: OM Ltd is to pay the sum of $6,162.46 to MJ on or before Tuesday 14 March 2023. Reasons: 1. On 23 October 2021, MJ purchased a robotic vacuum cleaner from OM Ltd for $2,399.20 plus $209.99 for an extended warranty. She claims that the vacuum started failing to pick
...it is clear that the claim is against NZ Post as a legal entity responsible for the acts of its officers, we see no need for the Chief Executive to remain a party to the proceedings, particularly given that the acts of NZ Post’s officers are, in law, to be treated as the acts of NZ Post The effect is that NZ Post is from this point on to be the only proper defendant to the proceedings and the intituling for all future documents is to be that which appears on this decision. Whether hea...
...deal that as a issue. 5 Second counsel [13] It is also the case that the Court will require good reasons to award costs in respect of second counsel for any party. Here, the Aitchisons engaged two counsel, Mr Cameron (a partner in a large law firm) and Mr Slyfieid (an independent barrister) with, as one might expect, a commensurate increase in legal costs. This situation was the subject of some scrutiny in the decision of the Court in Adcock v Mar/borough DC [2010] NZEnvC 35...
...genuinely believed their whanau land was at risk of alienation. While this Minute Book:146 AOT 140 had proved to be an erroneous view, nonetheless counsel submitted that the Applicant's response in seeking an injunction was not unreasonable The Law Section 79 of the Act provides the Court with jurisdiction to make an order for the payment of costs. It provides: "79 - Orders as to costs (1) In any proceedings, the Court may make such order as it thinks just as to the pay...
...everything done within the Justice Sector involves human behaviour, whether it is requiring people to pay their fines, supporting people to stick to their parole conditions, or preventing crimes. We often expect people to respond predictably to laws or incentives without considering all the factors that can inform behaviour, including culture and the environment. BSA work collaboratively across justice sector agencies to understand human behaviour in order to improve service and poli...
...meeting. The plaintiff, through its director (Ms Kwok), did not act in good faith towards the defendant. It failed to comply with the timetable set for progressing the investigation meeting. It failed to provide written instructions for its lawyer to act. It failed to attend the investigation meeting, despite having notice of the meeting (and it having been served at its registered office and address for service around one month previously). The plaintiff did not construct...
...was paid by SM to TU? c. What is the outcome? Was there a contract? 11. TU says that he offered to sell the Trailer to SM, who turned down the offer as he couldn’t afford it. SM says he accepted the offer and paid $5,000. 12. The law of contract requires that people should keep promises that they legitimately agree to even if not recorded in writing. This has led to the following characteristics of a contract being identified: a. there needs to be clear communicati...