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1. [2013] NZEmpC 98 Brake v Grace Team Accounting Ltd [pdf, 79 KB]

   ...result in an uplift to the costs to be awarded. [13] Mr Pollak’s costs memorandum in reply, filed on 24 May, submitted that for the Employment Court costs, the successful plaintiff would be entitled to some costs on a reasonable basis on the law set out in the previous judgments of the Court but stated that the defendant was not aware that Mr Reid was undertaking representation of Ms Brake on a commercial basis, but, quite the contrary, was doing so for family reasons. [14]...

2. IJ v K U Ltd [2020] NZDT 1549 (10 December 2020) [pdf, 202 KB]

   ...refuse or neglect to remedy the failure(s) and/or is the failure one of a substantial character? c. Are the costs claimed reasonable? Was K & U Ltd’s work completed with reasonable skill and care and fit for purpose? 4. The relevant law is the Consumer Guarantees Act 1993. The Act provides a number of protections for consumers. Section 28 of the Act requires that where services are supplied the service will be carried out with reasonable care and skill. Section 29 of the A...

3. Cost Recovery Policy for Direct Referrals to the Environment Court June 2022 [pdf, 194 KB]

   ...The principles set out below provide the basis for the cost recovery policy and guide the application of these policies in specific instances. The use of principals can also be useful for informing applicant about likely costs. Charging must be lawful The key section providing authority is section 285(3)3 which states that the Environment Court may order any party to proceedings before it to pay to the Crown all or any part of the Court’s costs and expenses. Section 285(5) states...

4. GK v TV LCRO 44 / 2011 (24 November 2011) [pdf, 74 KB]

   LCRO 44/2011 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 3 BETWEEN MS GK of Auckland Applicant AND MR TV of Auckland Respondent The names and identifying details of the parties in this decision have been changed. DECISION Background [1] This is a review of a determination by Auckland Standards Committee 3 wh

5. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 491 Aotea MB 36 (491 AOT 36 ) [pdf, 233 KB]

   ...Judgment date 12 September 2024 TE WHAKATAUNGA Ā KAIWHAKAWĀ A H C WARREN Judgment of Judge A H C Warren Copies to: D Stoevelaar, Le Pine & Co, PO Box 140, Taupo 3351, dstoevelaar@lepine.co.nz. G Tootill, Maurea Law, PO Box 25, Waikato Mail Centre, Hamilton 3240, glenn@maurealaw.co.nz 491 Aotea MB 37 Hei tīmatanga1 Introduction [1] Harvey and Tokoahu Karaitiana have applied for a rehearing of a decision I made appointing additional...

6. [2024] NZREADT 37 – QT v CAC 2205 & TP (3 October 2024) [pdf, 250 KB]

   ...the Committee is wrong.20 [38] The Committee considered the following rule: 6. Standards of professional conduct ... 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client. … SUBMISSIONS The Appellant [39] The crux of the appellant’s case as summarised from his submissions is as follows: (a) The email sent by the licensee on 27 March 2022, atta...

7. Cost Recovery Policy for Direct Referrals to the Environment Court June 2022 (minus rates) [pdf, 191 KB]

   ...The principles set out below provide the basis for the cost recovery policy and guide the application of these policies in specific instances. The use of principals can also be useful for informing applicant about likely costs. Charging must be lawful The key section providing authority is section 285(3)3 which states that the Environment Court may order any party to proceedings before it to pay to the Crown all or any part of the Court’s costs and expenses. Section 285(5) states...

8. Edmondson v Accident Compensation Corporation (Personal Injury) [2024] NZACC 183 (19 November 2024) [pdf, 212 KB]

   ...Reviewer dismissed the review, on the basis that there was insufficient evidence to show that Ms Edmondson had suffered pericarditis as a result of receiving the Pfizer COVID-19 vaccine. [25] On 18 April 2024, a Notice of Appeal was lodged. Relevant law [26] Section 26(1)(b) of the Act provides that personal injury includes “physical injuries suffered by a person, including, for example, a strain or a sprain”. [27] Section 32 provides: (1) Treatment injury means personal i...

9. Form-208-Filing-a-financial-statement-of-judgment-debtor-individual-FINAL-9-December-2024.pdf [pdf, 428 KB]

   ...is the financial statement of the judgment debtor. • If the judgment debtor is an organisation, use form MOJ209/07/18 instead. Who can sign this form? You can only sign this form if you are the judgment creditor, the judgment debtor, or their lawyer. How much does it cost to make a financial statement? The fee is $84. If the financial statement is filed by the judgment creditor, the court can order the judgment debtor to repay the fee. Filing a financial statement of judgment deb...

10. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

    CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 598 APPLICANTS HU and DU RESPONDENT I Ltd SECOND RESPONDENT CJ Ltd The Tribunal orders: 1. I Ltd is to pay $12,032.30 to HU and DU by 30 August 2024. 2. Following payment of $12,032.30 to the applicants, I Ltd may take possession of the four tyres removed from the applicants’ vehicle in August 2023. If not collected fr