18392 items matching your search terms
LCRO 246/2011 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 2 BETWEEN MR OL Applicant AND MR PS Respondent The names and indentifying details of the parties in this decision have been changed. DECISION Introduction [1] This review arises out of a complaint by Mr OL (the Applicant) against Mr PS (the Prac
...cat? 5. The tort of conversion applies where someone intentionally asserts rights or dominion over goods that is inconsistent with the owner’s rights. The courts have held that domestic pets are property that is capable of being converted. The law of bailment also applies, which governs the situation where a person (a “bailee”) is in possession of property belonging to someone else. 6. MN initially placed [Cat] in a foster home, which was not inconsistent with SQ’s ownership rig...
...business in order to assist its sale. As I say, her actions may well have been well-meaning but they were in contravention of the Trust which requires trustees to act, at least, by a majority. [17] The situation now is that her son and daughter in-law are running the business without any formal arrangement with the Trust or any accounting for funds. That needs to be promptly addressed by the Trust. [18] As for the sale of the Taheke Tavern, that seems to be inevitable and reflects...
...commission payment paid by the provider. The commission was paid to V Ltd and a margin was applied and the remaining commission was then paid to BT for the sale. 2. In the event where a client cancels or fails to pay their policy, the commission is ‘clawed back’ by the provider, this required BT to return the commission they were paid back to V Ltd, and they would pay this back to the provider. The clawback terms were written in the contract and V Ltd claim it is a very common prac...
...to be delivered to the property. Therefore, I find that MT Ltd breached the contract by providing contaminated fill. Did MT Ltd repudiate the contract by refusing to complete the earthworks? 8. Section 36 (1)(a) of the Contract and Commercial Law Act 2017 states that “A party to a contract may cancel it if, by words or conduct, another party (B) makes it clear that B does not intend to - perform B’s obligations under the contract”. 9. EQ explained that on 22 December 2021...
...not participate in the hearing. 13. Having regard to these factors I am satisfied that the claim is frivolous and vexatious and that it is appropriate to award costs. 2 Section 43(2) Disputes Tribunal Act 1988 3 Bolton v Auckland District Law Society HC Auckland CIV-2004-404-6908, 14 July 2005 per Heath J 4 L v W [2003] NZFLR 961 CI0301_CIV_DCDT_Order Page 3 of 4 14. I will award $360.00, based on three hours of preparing for hearing and one hour participating in the heari...
...the Court likely retained its discretion to hear the present judicial review application if, for example, it concerned a matter of public importance. Mr Watson noted that Mr Halse had asserted there was indeed an ongoing public interest in the lawfulness of the interlocutory order made by the Authority, but he also acknowledged this issue would be addressed in several other proceedings to which Mr Halse had made reference. [9] Mr Watson stated that consistent with convention, the...
...HEEMI BIDDLE, TINA POROU, JUDITH HARRIS, JOHN TUPARA, DANICA SEARANCKE-TIPENE, TANGONUI KINGI, NGAHERE WALL, DAVID O’ROURKE AND CLINTON ELLIS AS TRUSTEES OF THE LAKE TAUPŌ FOREST TRUST Ngā kaitono Applicants ME And TANE LAWLESS Te kaiurupare Respondent Nohoanga: Hearing 17 May 2022, 449 Aotea MB 237-245 (Judicial Conference) 10 June 2022, 450 Aotea MB 87-110 (Heard at Whanganui via Zoom) Kanohi kitea: Appearances A Tapsell and T Pak...
...followed up, whereupon he sent his appeal by email. [4] On 13 November 2023, Mr Castle for the Corporation submitted that the delay was insignificant, there is no real prejudice to the Corporation, and it does not oppose the late filing. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receiv...
...lost track of the dates. [4] On 20 August 2024, Ms Arnold for the Corporation submitted that it did not oppose the late filing of the appeal, and it was unlikely that there would be prejudice to the Corporation caused by the delay. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be receive...