Search Results

1. [2020] NZREADT 11 - Catley & Boyle - Ruling (3) (10 March 2020) [pdf, 190 KB]

   ...about who would be paying the commission, or that they had granted the purchaser a contract extension without Mr and Mrs Flanagan’s consent. Appeal [8] Both Mr Catley and Mr Boyle state in their notice of appeal that the Committee erred in law and/or fact in relation to its findings of unsatisfactory conduct against them. 1 Committee’s decision finding unsatisfactory conduct, at paragraph 4.10. Emphasis as in original....

2. [2013] NZEmpC 33 Mayne v Polychem Marketing Limited [pdf, 166 KB]

   ...were carried out of the company’s employment agreements, following enactment of the Employment Contracts Act 1991 and the Employment Relations Act in 2000. The first review was undertaken by Russell McVeagh, the second by Bell Gully, both large law firms. Mr Mayne could not recall these reviews, and it was put to Mr Tommas that they had not in fact occurred. He was adamant that they had, and could recall in some detail a meeting that he had attended. I accept his evidence. Th...

3. [2013] NZEmpC 106 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 160 KB]

   ...the transferring employees who were members of the Union to obtain further wage and time records from PFC so that the position could be checked. [8] Prior to this in late December 2010 a meeting had taken place at the offices of the lawyers for PRIFCL. This was preparatory to the transition in February 2011 when LSG would take over the Singapore Airlines catering contract. Attending this meeting were Ms Gerda Gorgner (Human Resources Manager at PRIFCL) and her lawyer,...

4. Young v ACC [2014] NZACA 7 [pdf, 57 KB]

   ...the decision was correct and made an award of costs of $1,600.00, which was roughly 50% of Mr Sara’s costs. 5 The notice of appeal [13] The appeal is brought against the whole decision on the ground that the review officer erred in law in determining that Ms Young did not have a loss of earning capacity at the time her weekly compensation was ceased. The relief sought is that the decision of 18 September is quashed and ACC is directed to calculate and pay compensation fro...

5. [2022] NZACC 23 – Harvey v ACC (1 March 2022) [pdf, 210 KB]

   ...2021 outlining why and how Nathan’s ongoing symptoms could be understood on the basis of sensitisation. Further, the CAP has not explained if and why they do not agree with it, and they have not provided an alternative explanation. Relevant law [39] Section 20(2)(a) of the Accident Compensation Act 2001 (“the Act’) provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include persona...

6. Wilton TRI-2021-100-002 Procedural Order 4 [pdf, 230 KB]

   ...evidential support, costs can and in many cases will be awarded. However, I accept that costs in pursuing or defending aspects of claims should not be considered as being incurred unnecessarily where there are genuinely disputed issues of fact and law if there is tenable evidence supporting the allegations made by a party even though ultimately unsuccessful. 3 Limitation Act 1950, ss 2A, 4(1). 4 Hamlin v Invercargill City Council [1996] 1 NZLR 513 (PC) at 526. 5 Body Corporat...

7. Duty Lawyer Policy v2.15.pdf [pdf, 302 KB]

   Duty Lawyer Service Operational Policy November 2024 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information....

8. [2024] NZEnvC 272 Auckland Council v Eco Earth NZ Limited [pdf, 247 KB]

   ...considers that a considerable amount of work will need to be done by the Council. [33] Mr Dawson for NZ New Oak expressed concern about the question of liability and quantum. He explained that separate proceedings are underway under the Property Law Act against Eco Earth. NZ New Oak asks that the issue of liability be reserved with a special amendment being made to the proposed orders by adding 6 Mr Williams Affidavit unsworn but dated 14 September 2024. 7 NOE page 33. 8 NOE...

9. BS v KC & DC [2024] NZDT 489 (11 June 2024) [pdf, 243 KB]

   ...things as are reasonably necessary to carry out the work on the fence place. 8. Any such entry to [property 1] shall be exercised so as to cause as little damage possible to the land entered upon and as little disturbance as possible to persons lawfully on the property. The contractor may cut back or remove any trees or vegetation that are on or near to the boundary and are reasonably required to be removed in order to build the fence. Reasons: 1. The parties own adjoining prope...

10. [2024] NZEnvC 273 Department of Corrections v New Plymouth District Council [pdf, 455 KB]

    ...s 292 confers a power on the Court to direct a local authority to amend its plan for the purpose of remedying any mistake, defect or uncertainty. It is clear that s 293 is intended to enable a greater degree of amendment than that. [26] Case law indicates that the power under s 293 is not unlimited and should be exercised cautiously and sparingly, within the foreseeable consequences of the reference out of which arises.2 The following factors have been identified to provide appro...