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1. Griffiths & Anor v Plaster Systems Ltd & Ors [2013] NZWHT Auckland 31 [pdf, 102 KB]

   ...taking or pursuing an unnecessary step or an argument that lacks merit. Baragwanath J in Bradbury v Westpac Banking Corporation14 stated increased costs may be ordered where there is a failure by the paying party to act reasonably. The Court of Appeal has made it clear that an uplift is justifiable where particular conduct unreasonably increases costs above what might ordinarily have been expected,15 but it is only to that extent that any uplift from the scale is justified....

2. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2007-101-000029 BETWEEN TRUSTEES EXECUTORS LTD as TRUSTEE FOR THE SIMPSON FAMILY TRUST Claimant AND WELLINGTON CITY COUNCIL First Respondent AND HEYHOE BUILDERS LTD Second Respondent AND JEANETTE O’CALLAGHAN Third Respondent AND G R W CONSULTANTS LTD. T/A FIRST WINDOWS AND DOORS Fifth Respondent AND CHRISTOPHER HEYHOE Seventh Respondent AND PAUL SIMPSON Eighth Respondent AND MIRANDA PATRICK Ninth Respon

3. IH v QU LCRO 93 / 2011 (22 June 2012) [pdf, 104 KB]

   ...considered that the complaints process had been neither thorough nor fair. They therefore sought a full review of the Standards Committee investigation and determination. Review [15] A review by this Office is broad and is not the equivalent of an appeal. The LCRO has a discretion as to the approach to be taken on any particular review with regard to the extent of the investigations necessary to conduct that review. In addition, the LCRO must come to an independent view based on...

4. Kepa v Kautai - Estate of James Keepa (2016) 52 Takitimu MB 256 (52 TKT 256) [pdf, 279 KB]

   ...considers may assist it to deal effectively with the matters before it, but shall ensure that the parties are kept fully informed of all such matters and, where appropriate, given an opportunity to reply. [23] This was underscored by the Court of Appeal in The Proprietors of Mangakino Township v Māori Land Court: 9 [25] We agree also with the High Court that the power for the Maori Land Court to direct the preparation of an independent report on the affairs of a trust for the...

5. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...issue. To advise a client that if an issue was to be the subject of possible disciplinary action, the allegation must be raised and the client given the opportunity to respond would be incontestably trite law in accordance with the classic Court of Appeal decision in Auckland City Council v Hennessey. 13 [33] I give this hypothetical example only to demonstrate that, in the absence of clear evidence that a solicitor’s advice is pivotal, disqualification should not follow. [34...

6. Family Fixed Fee Schedules [pdf, 870 KB]

   ...Considering: o a specialist report requested by the court under sections 178, 186 or 187 o a Judge directed Lawyer for Child report  Reporting to client * This is a repeatable activity and can be claimed per occurrence of this activity Appeals against financial decisions- preparation Estimate required by amendment For  all preparation related to appeal  reporting to client  preparing application for amendment to grant Appeals against financial decisions �...

7. Deputy Registar - Lot 1 DP 150873 Waikoukou No 406 [2019] Chief Judge's MB 264 (2019 CJ 264) [pdf, 302 KB]

   ...Registrar or in the presentation of the facts of the case to the Court or the Registrar; and if so, 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 7 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 271 (b) Is it necessary in the interests of justice to remedy that mistake or omission? Discussion [16] The order made by His Honour Judge Spencer in 2001 was made under s 134 of Te Ture Whenua...

8. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ...relatively more likely in such proceedings.36 Typically, costs in such proceedings range between one third and half of solicitor and client costs, with expert witness charges allowed in full.37 That is higher than is typical for standard costs in appeal proceedings, i.e. between 25- 33% of the costs actually and reasonably incurred by a successful party. However, one important distinction, as noted, is that enforcement order proceedings, including when brought by a person other th...

9. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

   ...By their actions, some of the trustees also demonstrated 77 Tākitimu MB 226 their inability to appreciate the risks the trust faced or to act decisively to mitigate if not eliminate those risks. [18] That decision was never subject to any appeal. [19] Moreover, the Court receives regular reports from Mr Hemana as to the progress for the project, its finances and any challenges the project has been experiencing. I am satisfied that Mr Hemana’s approach is sound and is in th...

10. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

    ...pay a fine of $2,500. The fine is to be paid to the Authority within 20 working days of the date of this decision. [37] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson _________________ Mr G Denley Member __________________ Ms C...