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1. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...they are ultimately awarded against him. Indeed this is his explanation for not satisfying the costs award made against him in the Authority. [7] There is a need to balance the interests of the plaintiff and the defendant. As the Court of Appeal observed in A S McLachlan Ltd v MEL Network Ltd: 5 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order...

2. Wallace - Section 8 B no 1 Block IV Waitara Survey District (2015) 337 Aotea MB 61 (337 AOT 61) [pdf, 258 KB]

   ...applicants to Keri Jane Wallace and Jonathan Herman (“the purchaser”). 1 Keri Wallace is the granddaughter of Ellen Wallace. I also confirmed that the status of the land was to remain Māori freehold land. That order has not been subject to appeal or review. [3] The applicants now seek to change the status of the block to General land in order to obtain finance to enable the sale of the block to proceed. According to the application the TSB Bank will currently lend the purc...

3. [2014] NZEmpC 62 Casey v Sensi Merivale Limited [pdf, 107 KB]

   ...47. [3] The plaintiff seeks an order for indemnity (solicitor/client) costs incurred by her in the proceedings in both the Authority and in this Court. She acknowledges the constraints on awards of indemnity costs imposed by the Court of Appeal in Bradley v Westpac Banking Corporation. 3 The Court of Appeal said in that case that indemnity costs “are exceptional and require exceptionally bad behaviour” and proceeded to set out some non-exhaustive categories of circums...

4. [2014] NZEmpC 234 Mega Wreckers Ltd v Taafuli [pdf, 59 KB]

   ...organisation then withdrew the employment proposal altogether. The employee failed in his claim before the Employment Tribunal, essentially on the ground that as the starting date had never been agreed to there was no contract of employment. 17 On appeal, however, Judge Finnigan concluded that a contract of employment had come into existence and his Honour awarded compensation in the sum of $6,000 for humiliation and injury to feelings. 18 [18] The authority Mr Bennett relie...

5. CAC302 v Mairs [2016] NZREADT 15 [pdf, 135 KB]

   ...appellants is compensation for straight market loss. This kind of monetary award was discussed in the decision of Quin v The Real Estate Agents Authority [2012] NZHC 3557 where the High Court (per Brewer J) held that committees (or the Tribunal on appeal) cannot order licensees to pay complainants money as compensation for errors or omission (compensatory damages) under s 93(1)(f) of the Act. Licensees can only be ordered to do something or take actions to rectify or “put right” an...

6. CAC407 v Towers [2016] NZREADT 24 [pdf, 142 KB]

   ...proceedings. [11] In Hart v Auckland Standards Committee No. 1 and New Zealand Law Society [2013] NZHC 83 The NZ Lawyers and Conveyancers Disciplinary Tribunal declined Mr Hart’s application for an adjournment based on his claim that he was unwell. On appeal the High Court said at paragraph [23] that the Court must balance the reason for the non-attendance, the impact upon Mr Hart in proceeding in his absence, and his right to a fair hearing against the reasons for his absence. [12]...

7. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [pdf, 76 KB]

   ...further or additional evidence on defects and damage. These issues have already been determined and a substantive decision issued. If Mr Holyoake disagreed with the decisions in that determination the appropriate step for him to take was to appeal that decision, as he has done. [13] We are still of that opinion. It is not appropriate for the Tribunal to re-open the issues of damage and defects when a final decision on those issues has already been made. While Dr Spears...

8. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...of the date of this decision [39] We make no order as to payment of compensation. [40] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal 2017 NZREADT 78 - Rankin - Penalty rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High...

9. BB v WT & Ors LCRO 55/2015 (9 October 2015) [pdf, 63 KB]

   ...for review. 1 Email BB to NZLS (7 January 2015). 3 • A Committee may elect to take no further action on a complaint, if there is, in the circumstances, an appropriate remedy or right of appeal. Application for Review [8] Mr BB filed his application to review the decision of the Standards Committee [City A] on 26 March 2015. He submits that: • His complaint about a paragraph (clause 16) in the Standards Committee [Ci...

10. Mikaere v Mikaere - Manaia No 6 (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168) [pdf, 295 KB]

    ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [16] An interested party may apply for a rehearing but a rehearing application must be made within...