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1. Beattie v Porirua City Council [2010] NZWHT Wellington 14 [pdf, 120 KB]

   ...adjudication proceedings (1) The tribunal may do any or all of the following things in relation to adjudication proceedings or the parties to them: (a) conduct the proceedings in any manner it thinks fit, including adopting processes that enable it to perform an investigative role: (2) The tribunal also has the powers specified in Part 2 of Schedule 3. [6] The Tribunal can hear this claim against the sixth respondent pursuant to these statutory provisions. [7] The matte...

2. Family-Fixed-Fees-Schedules-July-2020-Updated-18-December-2023.pdf [pdf, 473 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity Fe...

3. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...

4. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...

5. IC v QX LCRO 243 / 2010 (17 August 2011) [pdf, 85 KB]

   ...sent to the Applicant’s client a copy of a letter he had sent to the Applicant. The covering note read: “I enclose for your information a copy of a letter sent to your solicitor.” The Respondent stated that this was done at the specific request of his client. In considering this complaint the Standards Committee took into account the intent of the letter and the accompanying cheque and stated: “The Committee formed the view that in this instance sending a carbon copy of...

6. BT v DC [2020] NZDT 1334 (10 August 2020) [pdf, 200 KB]

   ...“bailee” of the funds, to do so. (b) Ms T had no idea that the money was to be put into a joint account, where it could be removed by Ms C. (c) The money received by Ms C was therefore paid to her under a mistake. (d) In the absence of any information to the contrary, it would be unjust for Ms C to keep Ms T’s money. It was not Ms C’s money and was never intended to be paid to her. (e) However, the Tribunal must then consider the defences raised. (f) In assessin...

7. AI YK v LS [2021] NZDT 1709 (7 December 2021) [pdf, 222 KB]

   ...on the claim and counter-claim? 23. As the counter-claim has been dismissed, LS is liable to pay $7400.83 on the claim. CI0301_CIV_DCDT_Order Page 4 of 5 Referee Perfect Date: 7 December 2021 Page 5 of 5 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

8. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...concerns” about the trust. [14] Mr GL subsequently raised queries about the deductions made by Mr BT from the sale proceeds of his [suburb b] property. He queried the exchange rate. He said $32,297.07 was owed to him by the trust. He requested a breakdown of $52,650 deducted for “legal and administrative costs”.6 Complaint [15] Mr GL lodged a complaint with the Lawyers Complaints Service (LCS) on 26 March 2018 on which he elaborated in subsequent communications to t...

9. KD v SS [2021] NZDT 1409 (28 January 2021) [pdf, 203 KB]

   ...estimate the costs and the date the work is to commence1. 4. At the hearing, KD presented evidence of the notice that was sent to SS and NS on 11 September 2020. It was accepted that the notice was detailed and met the requirements of the 1 Form 1 in Schedule 1 of the Fencing Act 1978 is given as a guide to the type of information that should be included in a fencing notice. The applicant may use this form or something to the like effect. CI0301_CIV_DCDT_Order Page 2 of 4 FA....

10. [2013] NZEmpC 141 2Air NZ Ltd v Kerr [pdf, 88 KB]

    ...is absolutely necessary. The defendant (Mr Kerr or the defendant) had been employed as General Manager of one of the plaintiff’s wholly-owned subsidiaries, Air Nelson Limited. On 4 February 2013, Mr Kerr gave notice of his resignation. He informed the plaintiff that on 5 August 2013 he intended to commence employment with Jetstar Airways Limited (Jetstar) in the position of Head of New Zealand. Since his resignation, Mr Kerr has served his notice period on what is called “ga...