Search Results

1. [2006] NZEmpC WC 17/06 Bryson v Three Foot Six Ltd [pdf, 54 KB]

   ...that short delay. No evidence of prejudice was adduced and the defendant’s witnesses were required in any event for the 90-day issue to be heard. [14] For the same reason, I have been able to evaluate in full the merits of the substantive appeal on both the issues Mr Bryson wishes to challenge. [15] In these circumstances, there is a strong degree of artificiality in assessing the merits of the claim for the purpose of this application separate from that of the appeal. [16] A...

2. [2012] NZEmpC 5 Bishop & Bishop v Bennett [pdf, 90 KB]

   ...discretion to make orders as to costs but, as with all such discretions, it must be exercised judicially and in accordance with principle. The key principles applicable to the Court’s discretion to award costs have been set out by the Court of Appeal in three very well known decisions: Victoria University of Wellington v Alton-Lee [2001] ERNZ 305, Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [3] The fundamental purpose of an aw...

3. Jones - Pukawa D3 Trust (2015) 124 Waiariki MB 217 (124 WAR 217) [pdf, 246 KB]

   ...formally notified. 30. There is no authority for the Court to dismiss an application during the course of a judicial conference. Accordingly the order dismissing the applications has been made in excess of jurisdiction. We, therefore, uphold the appeal on this ground and order a rehearing. 7 Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) citing Karena v George – Karaka Huarua A and B (2002) 6...

4. Carroll - Estate of Kahui Pepi Carroll (2007) 187 Napier MB 277 (187 NA 277) [pdf, 255 KB]

   ...Napier MB 280 Effect ofsectioIl48(1) ofTe Ture Wllellua Maori Act 1993 [13] Section 48 states: "48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. (2) No payment made in good faith pursuant to or...

5. Wellington v Wellington - Tuateanui 2B1A Māori Reservation (2020) 209 Taitokerau MB 59 (209 TTK 59) [pdf, 254 KB]

   ...as a trustee, the Court must have regard to the ability, experience, and knowledge of the individual, and shall not appoint an individual unless satisfied that the appointment would be broadly acceptable to the beneficiaries. [15] The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees.3 In that case the Court confirmed that the views of the owners will be compelling, unless there are relevant disqualifying considerations. [16] I ad...

6. [2017] NZEmpC 144 CE of Social Development v Tuilaepa [pdf, 482 KB]

   ...$11,000. Calderbank offer [32] The second matter raised by Mr Macdonald in opposition to an order being made was a Calderbank offer by Mr Tuilaepa made in an effort to settle the proceeding. In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal 8 Table at [16]. emphasized a steely approach is required to costs where Calderbank offers have been made.9 [33] In Mattingly v Strata Title Management Ltd this Court sa...

7. IW v SD LCRO 1 / 2011 (9 March 2012) [pdf, 88 KB]

   ...instructed to act in relation to proceedings arising from a property transaction involving the Applicant. [3] It appears that the Applicant had summary judgement entered against it by the vendor of the property but that this decision was successfully appealed in the Court of Appeal at which the Applicant was represented by senior counsel and another 2 barrister. It further appears it was decided that for the substantive High Court proceedings senior counsel would be assisted...

8. EMPC Retirement of Judge Travis [pdf, 287 KB]

   ...for your retirement. I acknowledge the presence of most of the Auckland Members of the Employment Relations Authority. They assure me, Judge, that they are here to honour your tenure in office and not to celebrate the end of being overturned on appeals. A number of people have asked me to express their regrets that they are not able to be with us today and extend their best wishes to Judge Travis for a long and happy retirement. They include colleagues in these Chambers, Acting P...

9. Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) [pdf, 246 KB]

   ...this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [16] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.6 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

10. Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151 (331 AOT 151) [pdf, 154 KB]

    ...advisory, or a custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [15] The Court of Appeal considered the application of s222 in its important decision Clarke v Karaitiana. In that case a dispute arose as to the process of an election and the issues that needed to be taken into account when applying s222 of the Act: 8...