Search Results

1. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...to it the $45,000 which the Applicant did. [4] H Ltd subsequently took proceedings in relation to matter. The Court found the Applicant to be in breach of its undertaking and found in favour of H Ltd. The Applicant intended to lodge an appeal against that finding but meanwhile a settlement agreement was reached between XX and the receivers of H Ltd, making the Applicant‟s appeal redundant. [5] The Respondent then filed a complaint with the New Zealand Law Society agains...

2. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...stress and constant worry as she lived with the knowledge of the leaks and ongoing damage for five years from 2007–2012. She was worried about her health and safety and that of visitors and also had financial concerns. [6] The Court of Appeal in Byron Ave2 provided a guide for damages in such situations at $25,000 for an owner occupier in Ms Dwan’s circumstances. I find that her evidence shows she is entitled to this level of damages. [7] Ms Dwan obtained an overdraft...

3. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

   ...presumption of innocence. Most notably, the cases of R v Oakes (1986) 26 DLR (4th) 200) Canadian Supreme Court, S v Bhulwana; S v Gwadiso (1995) 2 SACR 748, South African Constitutional Court and R v Sin Yau-Ming [1992] LRC (Const) 547, Hong Kong Court of Appeal. We note particularly the comment of the Supreme Court of Canada in Oakes that the right to be presumed innocent until proven guilty requires that guilt must be proven beyond reasonable doubt, and that it is the State which must...

4. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

   ...meeting with that client to discuss a possible transfer of the business. In that case the employee concerned resigned, travelled overseas on leave, and obtained an important agency, until then held by his former employer. Cooke J in the Court of Appeal concluded that even during the period in which Mr Schilling was regarded as having been on leave, his contract of service and the relationship with his employer continued. Cooke J concluded: 5 … It seems to me, however, that in...

5. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...“[a] profession’s most valuable asset is its collective reputation and the confidence which that inspires”.22 [25] It is these principles to which I direct the penalties imposed in this decision. Censure/reprimand [26] The Court of Appeal in New Zealand Law Society v B23 21 Bolton v Law Society [1994] 2 All ER 486. saw little difference between a censure and a reprimand. At [39] the Court stated: 22 At 492. 23 Ne...

6. Crosby v Appleton - Whangamata 4D1C1B (2008) 114 Hauraki MB 209 (114 H 209) [pdf, 2.6 MB]

   ...rehearing has been granled, Ihe period allowedfor an appeal to the Maori Appel/ale COUl'l shall not commence 10 nm until the rehearing has been disposed of by afinal order of the Courl. (7) Subsection (6) applies, wilh Ihe necessmy modifications, to appeals to Ihe High Courlllnder seclion 63(2) of the Foreshore and Seabed Act 2004. [26] As I have said earlier, much of the material put before the Court by Mrs Crosby and others is irrelevant. [27] There are however some matters wh...

7. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

   ...fight broke out, on another only four shareholders tumed up, and on another her legal advisor was accused of being a thief and a crook. She also cites a decision of the Court to set aside trus land as a reserve, which decision was successfblly appealed. She blames the Maori Trustee for not having completed "the job", which I take to be a suggestion that the Maori Tl1Istee was meant to paltition and allocate more of the land. She refers to the land being abused and building...

8. Applicant C v Registrar of Real Estate Agents Authority 2017] NZREADT 10 [pdf, 178 KB]

   ...review of the Registrar’s decision to decline her application for renewal of her licence is granted. Her licence is to be renewed. [44] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal 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 Court Rules. _____...

9. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...parties or submitters to join the proceedings. 19. In my submission successors to any 274 parties would automatically be able to continue their involvement in the direct referral process4 and any successors to a submission could seek to join the appeal as a section 274 party using the waiver process described above. 1 Section 274(1)(d) of the RMA 2 Section 274(1)(e) of the RMA 3 Te Mauri o Te Wai Inc v Northland Regional Coun...

10. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 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. [15] Rule 8.1 of the Māori Land Court Rules 2011 (“the 2011 Rules”) also governs rehearing app...