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1. Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (2014) 82 Taitokerau MB 139 (82 TTK 139) [pdf, 91 KB]

   ...succeed. [26] New Zealand courts have also adopted this reasoning, emphasising that an assessment of whether or not a serious question to be tried in fact existed could not be brushed over lightly. In Roseneath Holdings Ltd v Grieve, the Court of Appeal summarised the essential purpose of an interim injunction: The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for which the plain...

2. Auckland District Law Society v Dorbu [2010] NZLCDT 25 [pdf, 195 KB]

   ...the main subject matter with which the proceedings were concerned and to which seven of the 12 charges related – that is the Barge proceedings. [3] Mr Dorbu’s involvement in those proceedings is best summarised by reading from the Court of Appeal judgment in that case which we record at paragraph [69] of our June decision and I repeat that now: “... Standing back and looking objectively at the available material, the following is revealed. Once Mr Barge had turned down the $3...

3. [2007] NZEmpC CC 19/07 Sefo v Sealord Shellfish Ltd [pdf, 37 KB]

   ...or any part of it to elect to have the matter heard by the Court. [10] Although the heading to s179 refers to “Challenges to determinations of Authority” this is the only reference to a challenge. Section 179 does not confer a right of appeal or challenge in the usual sense of those words. However, the word “challenge” has come to be used for the process of electing to have a matter heard. [11] The starting point under s179 is that a party to a matter before the...

4. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

   ...reasonable. (2) The court may apportion any such costs and expenses between the parties or any of them as it thinks fit, and may at any time vary or alter any such order in such manner as it thinks reasonable. [16] It is well established from Court of Appeal decisions that the Court is required first to determine whether costs incurred by a successful party were reasonably incurred, and then after an appraisal of all relevant factors, decide at which level it is reasonable for th...

5. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Jacinta Ruru [pdf, 955 KB]

   BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JACINTA RURU ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on record: B Irving Solicito...

6. [2024] NZEmpC 102 C v P [pdf, 195 KB]

   ...to more effectually dispose of any matter before it according to the substantial merits and equities of the case, at any stage of the proceedings, of its own motion or on the application of any parties. In Kidd v Equity Realty Ltd, the Court of Appeal stated the language of s 221 is “broad and untechnical.”8 That said, the discretion bestowed by the subsection is one which must be exercised in a principled 2 For example, Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546 (CA)...

7. Sell v Harris [pdf, 27 KB]

   SUMMARY Case: Sell & Anor v Harris & Ors File No: TRI 2008-101-000001/ DBH 02592 Court: WHT Adjudicator: P McConnell Date of Decision: 13 May 2009 Background The claimants filed a claim in the Tribunal for damages arising from their leaky home. In seeking an award of $285,160.88 for the loss they suffered, the claimants pursued claims against the first respondent (Mr Harris - builder), the second respondent (Auckland City Council - territorial authority), the th

8. [2016] NZ EmpC 29 Kilpatrick v Air NZ Ltd [pdf, 93 KB]

   ...programme. However, as Ms Kilpatrick’s challenge was commenced well before the introduction of the guideline, the application for costs in these proceedings needs to be dealt with on the basis of established principles contained in the Court of Appeal judgments of Victoria University of Wellington v Alton-Lee, 4 Binnie v Pacific Health Ltd 5 and Health Waikato Ltd v Elmsly. 6 [9] The consideration of costs involves a two-stage process on the basis that costs will generally...

9. [2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector [pdf, 518 KB]

   ...necessary. 10 Clark v Northland Hunt Inc (2006) 4 NZELR 23 (EmpC) at [224]. 11 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 12 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]. Analysis Common intention [73] As the Supreme Court explained in Bryson, the written and oral terms of the contra...

10. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

    Middle Hill Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 154 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MIDDLE HILL LIMITED (ENV-2020-AKL-000048) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge MJL Dickey Environment Commissioner RM Bartlett Environment Commissioner A Gysberts Hearing: On the...