Search Results

1. GN v HJ LCRO 30/2015 (22 June 2016) [pdf, 69 KB]

   ...and Scope of Review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

2. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...sale and purchase. Following a hearing I issued a determination finding that although the house had weathertightness defects and required significant repair, Ms Collie was not liable to the claimants in tort or in contract. [2] The claimants appealed to the High Court. Justice Peters upheld all the factual findings made by the Tribunal and the finding regarding the claim in tort. She also upheld a finding that had the claim in tort been established, the degree of contributor...

3. BORA Visiting Forces Bill [pdf, 214 KB]

   ...account the fact that these persons are physically in New Zealand and that the visiting force is in this country 1 Wright v Cantrell (1943) 61 WN (NSW) 38; applied by the English Court of Appeal in Littrell v United States of America (no 2) [1994] 4 All ER 203, 299; see also Holland v Lampen-Wolfe [2000] 3 All ER 833 (HL), which applied the same legal principles in a different military context. pursuant to an act done by the...

4. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...the court may stay all or part of the proceeding on such conditions as are considered just. (4) This rule does not affect the court's inherent jurisdiction. [24] The established criteria for striking out was summarised by the Court of Appeal in Attorney-General v Prince, where the Court noted that it is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed. The jurisdiction is one to...

5. LCRO 199/2015 PA v TD and RN (25 July 2018) [pdf, 127 KB]

   ...scope of review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. LCRO 58/2018 QD v FZ (12 October 2018) [pdf, 133 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. Cooney and Dempsey TRI 2022-100-001 Procedural Order 6 [pdf, 152 KB]

   ...the claimants such that he was effectively the alter ego of NZHIC (Christchurch) Limited. [60] In support of the proposition that a director cannot be personally liable is the decision in Trevor Ivory Ltd v Anderson.12 There the Court of Appeal allowed an appeal by the director against a finding of personal liability and negligence against him. The Court of Appeal recognised the separate personality of the limited liability company and considered that a director or employee...

8. LCRO 123/2018 RA v [Area] Standards Committee (24 April 2019) [pdf, 184 KB]

   ...review 5 [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

   ...interlocutory application was determinative of the case. In the circumstances, the fees and disbursements incurred were reasonable. [36] There is no dispute about the applicable principles that can be extracted from a trio of judgments of the Court of Appeal, Binnie v Pacific Health Ltd1, Victoria University of Wellington v Alton-Lee2, and Health Waikato Ltd v Elmsly3 [2004] 1 ERNZ 172. [37] First, the Court must determine what costs were reasonably incurred by a party entitled...

10. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

    ...scope of review [24] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...