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...increase or contain costs. 6 In reliance on Items 9, 11/14, 12/15, 13, 16, 43, 45, 46 and 47. [12] The principles are well established and uncontroversial, as described in the Court of Appeal judgments of Victoria University of Wellington v Alton-Lee, 7 Binnie v Pacific Health Ltd 8 and Health Waikato Ltd v Elmsly. 9 [13] Under the scale, the assessment of reasonable costs may be made by applying the daily recovery rate...
...(counsel lists 12). In Emberson, an adviser’s tardiness resulted in an application no longer meeting the criteria and there was no fine, despite the adviser not engaging with the Tribunal.2 In Guich, also where an adviser’s breach led to an appeal being filed out of time, there was a fine of $1,000 yet the adviser did not adopt a mature attitude, showed no remorse and learned nothing from the complaint.3 [18] Mr Moses submits that Mr Shaikh will already have to contend with...
...an election can occur. As I indicated at the hearing, any of the current responsible trustees may wish to stand for re-election. Provision should also be made for voting by both show of hands and ballot if requested. Moreover, as the Court of Appeal confirmed in Clarke v Karaitiana this Court should fashion election processes that facilitate the widest possible participation by trust beneficiaries.9 [22] In addition, any proposed changes to the marae charter should be properly sp...
...indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [18] The leading authorities on the issues of conflicts of interest are the decisions Naera v Fenwick in the Court of Appeal and the Supreme Court judgment Fenwick v Naera.3 Those decisions are authority for the proposition that a trustee must bring a mind unclouded by external or personal considerations when making decisions as a trustee. Put another way, a...
...Court will, where relevant, consider:8 (a) the reason for the omission to bring the case within time; (b) the length of the delay; 5 At [64]. 6 See, for example, Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at 91; An Employee v An Employer [2007] ERNZ 295 (EmpC) at [9]. 7 Almond v Read [2017] NZSC 80 at [37]. 8 Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 (EmpC) at [8]. (c) any prej...
...misrepresented it to them. The Tribunal ordered Mr Taylor to pay the Tuanuis the purchase price of the vehicle and their costs of getting it to the Chatham Islands as well as the costs of their attending the hearing; a total of $24,961.64. Mr Taylor has appealed against the Tribunal’s decision claiming he did not sell the vehicle to the Tuanuis. (b) A case where an old high mileage car was supplied to purchaser on a long term unmaintained lease The case of Shontelle Crosby v...
...was also a request for the establishment of a commission of inquiry to review local government and resourcing for Māori participation in all local government processes (e.g., Resource Management Act and Local Government Act). A couple of speakers appealed for the information gleaned through these hui to be transmitted to local government so they understand the need for change and the context. • Treaty Settlements – A couple of speakers indicate it was important to develop new pro...
...lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. [77] In the leading decision on the section, Sam’s Fukuyama Food Services Ltd v Zhang, 4 the Court of Appeal found that although ss 128(2) and (3) refer only to the Authority it is also to apply to the Employment Court. 5 The Court of Appeal rejected a submission that the total package of remedies must be considered when determining the am...
...– not only to the applicant but also affected non-parties. Although an ability to challenge the refusal of a non-publication order at an interlocutory stage may disrupt unfinished Authority business, in the sense identified by the Court of Appeal in Rawlings, its distinguishing characteristic is that it is not the sort of determination that can subsequently be remedied on a challenge or by way of review. The horse will have well and truly bolted by that stage. … [27] In t...
...experience, and knowledge of the individual. The Court cannot appoint any individual unless it is satisfied that the appointment would be broadly acceptable to the beneficiaries of these trusts. 95 Tairawhiti MB 215 [14] The Court of Appeal decision Clark v Karaitiana is the leading authority on the appointment of trustees.3 Two relevant points from that decision apply to the facts presented here:4 (a) the views of the beneficial owners of the trust are relevant to, but do...