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  1. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

    ...whether Mr Clarke was a co-developer of the apartment complex and liable to the claimants for breaches of duties of care to ensure the construction of a weathertight building. The answer to this issue depends on identifying the actual role performed by Mr Clarke in the development and interpreting and assessing the relevance of the documentation referring to different entities associated with him. THE CLAIM AGAINST MR CLARKE [10] The claim against Mr Clarke is set out i...

  2. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

    ...inconvenience and costs. 3. As discussed at the meeting, we will need from each owner their conveyancing file. This is the file from your solicitor who acted for you when you purchased your unit. To that end, would you please fill in the enclosed form and return it to [TP] of this office. Her email address is [tp@ar.co.nz]. Once we have the form completed by you, we will send it to you[r] solicitor and obtain your conveyancing file. You need simply fill in your unit number, the...

  3. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

    ...Mediation was subsequently arranged for 25 November 2014. [5] Before mediation took place an incident occurred involving a confrontation between Mr Lumsden and a customer. The customer lodged a complaint with Skycity. Mr Lumsden also raised a formal complaint. He believed that another employee had deliberately prompted the customer to provoke an attack on him, and that an emergency button appeared to have been deactivated immediately prior to the incident. By this stage Mr Lum...

  4. What the scheme can help with

    ...criminal trial. You may have helped in the ‘administration of justice’. This includes things like reporting a crime or giving information to the police. The accused does not have to have been prosecuted or convicted of the crime for you to be able to claim compensation. If you are in a close relationship to a witness who is victimised you may also be able to claim compensation for losses. This would be if you had a material loss from helping or caring for the witness. If you can claim money...

  5. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

    ...the [Suburb] District Court on 15 December 2017. [8] The proceedings were robustly defended. [9] In March 2019, [law firm] advised the District Court registry that Mr DG was proposing to file an interlocutory application for non-party discovery. Request was made that the proceedings be scheduled for a call over in April 2019. [10] A pre-trial settlement conference (to proceed by telephone) was scheduled for 8 April 2019. The parties were directed to file memoranda 3 days in advance o...

  6. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

    ...district Māori Land Court, pursuant to section 214 of the Act, to create and vest his interest in the land known as “Lot 1 DP149622 Blk II Mangawhai SD” into the trust. 6. The grounds for the application were stated as being: I wish to form a Whānau Trust for myself and my children to protect their interests and have a place they can come home to and connect with one another in the future. The buildings on the property are to be included in this trust also. 7. Fil...

  7. Flutey - Papatupu 2A No.2 (2016) 358 Aotea MB 38 (358 AOT 38) [pdf, 305 KB]

    ...Parker, according to counsel, attended their offices and requested copies invoices relating to the payment of the proceeds relating to the harvest. Following that, according to Ms Allen, on 28 August 2014 further correspondence was sent to Mr Parker requesting an update on progress and suggesting an interim distribution to both parties. Mr Parker replied on the same day confirming that he had instruction that no distribution was to be made. He also confirmed that he had calculate...

  8. T Ltd v G Ltd [2024] NZDT 519 (2 July 2024) [pdf, 156 KB]

    ...by a party does not take effect before the time at which the cancellation is made known to the other party. The cancellation may be made known by words or by conduct showing an intention to cancel, or both. It is not necessary to use any particular form of words, so long as the intention to cancel is made known. 25. While G Ltd did not use the word cancel, by its conduct in September 2022, it made it known that it would be cancelling the distributor agreements it had in place as a resu...

  9. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

    ...assessment of the course content as well as having personal reasons for withdrawing unrelated to the delivery of its course. Z Ltd has highlighted the course is popular nationally and fully accredited by NZQA. 3. Having considered all of the information before me including the explanations of PR and NB for Z Ltd at the hearing, on balance I consider it more likely than not PR is entitled to a refund. This is for the following reasons: a. It is not disputed that PR withdrew from...

  10. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

    ...genuine. Hopefully this judgment, and the discussions which now need to take place between the parties, will lead to some reconciliation. For this reason, there is a need to clarify the obligations the parties have towards each other so that their former constructive relationship might be restored. The pleadings [6] Following the determination removing the proceedings to the Court, the pleadings were settled in the form of an amended statement of claim and an amended state...