Search Results

1. Fenton - Rurima (2005) 108 Whakatāne MB 148 (108 WHK 148) [pdf, 412 KB]

   ...Court as to any limitations on the tenure of trustees. Sixthly, any party dissatisfied with the current gazette notice is free to make application pursuant to section 45 ofTe Ture Whenua Maori Act 1993 if they so wish. The remedies of rehearing, appeal and review are also available. Decision [18J For the reasons stated, the existing trustees are confrrmed in that office until further order of the Court. Messrs Araroa, Eruera, Hohapata-Oke and Olsen are appointed advisory trustees,...

2. Ashcroft v Phillips - Mohaka A4 (2005) 179 Napier MB 254 (179 NA 254) [pdf, 1.2 MB]

   ...of rent, purcllase money, royalties or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from tile land, affected by any order to wllicll an application under section 45 of tllis Act or an appeal under Part 2 of t!lis Act relates. (2) Notwitllstanding anything in tile Crown Proceedings Act 1950, any injunction made by tile Court under tllis section maye expressed to be binding on tile Maori Trustee. (2) Any injunction made by ti...

3. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...“proper particulars (permitted) and probing for evidence (not permitted)”.8 Details of the case also are not required that would be oppressive or an unreasonable burden on the plaintiff.9 [19] Both parties point to the dicta of the Court of Appeal in Price Waterhouse v Fortex Group Ltd, that the pleading must state the issues and inform the opposing party of the case to be met, emphasising that:10 As so often is the case in procedural matters, in the end a common-sense and b...

4. Parata - Waitangi A1 A2 (2020) 95 Tairawhiti MB 210 (95 TRW 210) [pdf, 206 KB]

   ...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...

5. [2021] NZEmpC 13 Edwards v Recreational Services Ltd [pdf, 206 KB]

   ...High Court Rules 2016, r 5.45(3)(b). discretion regard must be had to the overall justice of the case and the respective interests of both parties need to be carefully weighed up. That balancing exercise was summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows:11 [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...

6. Bacic v Tulip Holdings Limited (in liq) [pdf, 26 KB]

   SUMMARY Case: Bacic & Anor v Tulip Holdings Ltd (in liq) & Ors File No: TRI 2008-100-000046/ DBH 00606 Court: WHT Adjudicator: P McConnell Date of Decision: 11 June 2009 Background The claimants, Mr and Mrs Bacic, experienced problems with their new home from the day they moved in. Some remedial work has been carried out but the majority is yet to be done. The first, fifth and ninth respondents were removed during the proceedings and so the claimants sought $275,5

7. Employment Court Judge - EOI form PDF [pdf, 117 KB]

   ..._____________________________________________________________________________ Please indicate, by ticking the boxes, the extent of your experience in the following: Court Civil Criminal Details, including number of appearances Supreme Court ______________________________________ Court of Appeal ______________________________________ Court Civil Criminal Details, including total years’ experience High Court Appellant work ___________...

8. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

   ...on a report it was unable to challenge. I can assure the insurer that although I will look at the report, I will also consider their submissions. I will give reasons if I think that the evidence has any weight, so that if the matter were to go on appeal, that issue can be considered. It needs to be transparent. If it is not, that is neither fair nor just. [22] So today, I am not declaring that any clauses in the briefs or affidavits of the witnesses are inadmissible, I am allowin...

9. Walker - Mangawhati 3B3 and Mangawhati 3B1 (2020) 214 Taitokerau MB 88 (214 TTK 88) [pdf, 152 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by...

10. [2021] NZEmpC 73 Sfizio Ltd v Freeborn [pdf, 213 KB]

    ...of and incidental to the proceeding up to and including the discontinuance. While there remains a discretion under r 15.23, the onus is on the discontinuing plaintiff to persuade the Court to exercise the discretion in its favour. The Court of Appeal has made it clear that the presumption that costs are to be paid is not lightly displaced. (footnotes omitted) [16] In this case, it is not in issue that costs are payable by the plaintiff. In her submissions, Ms Kenworthy accepted...