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...Practice Standards For Legal Aid Providers Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully exclud...
...pay. The evidence also indicated that pilots in general prefer to fly the larger wide-body jets rather than the narrow-body ones. [17] Air NZ wrote to Captain McGearty on 26 July 2016, approximately one year before he reached the age of 65, requesting that he stipulate his intentions pursuant to cl 3.2.3 – specifically, whether he wished to transfer to the A320 or take leave upon turning 65. [18] There was a period during which Captain McGearty did not formally respond to Air...
...the respondents, alleging breach of directors’ duties and applying to set aside transactions which the liquidators considered were voidable. [9] The respondents asked the liquidators to pursue an action in negligence against the company’s former solicitor. A successful outcome would have provided funds to pay the company’s debts, but the liquidators were unwilling to pursue the claim. [10] The respondents initially personally defended the proceedings against them, but aft...
...must fail. The sequence of events [7] The plaintiff had been employed as a clerk by the defendant for many years. Issues arose which led to an employment dispute. The plaintiff believed that she was being subjected to an unjustified performance management process. She sought medical attention and received a string of medical certificates advising that she was assessed as unfit for work. A certificate issued on 17 April 2015 referred to the plaintiff suffering from: …...
...that role. [34] However, there is a threshold below which a lawyer should not assist in interfering with the rights of others. That is the purpose of the Rule. A lawyer must be able to point to an assessment of the grounds on which he or she formed the view that a caveatable interest existed. The Standards Committee must consider this reasoning and form a view as to the merits of that decision. Otherwise the Rule would have no relevance or substance in these circumstances. [35]...
...fees for the studio. Invoice #1038. MT questioned this invoice and declined to pay the Council fees on the basis that she had paid the Council directly. When J Design approached Council for a refund based on a duplicate payment the Council informed her that there was only one payment made. MT was asked for evidence of her payment to Council. On 20 September, five months after being invoiced, she corrected the claim that she had paid Council and paid the invoice in full on 27 Sept...
...Coffey, O’Connell (Mr Coffey’s representative), and Thompson and Ms Webby. The notes recorded Mr Thompson saying that Mr Coffey had to show Mr Lammers respect. [12] Following that meeting Mr Thompson wrote to Mr Coffey on 13 December 2006 requesting his attendance at a disciplinary meeting to discuss a number of concerns about Mr Coffey’s alleged poor performance, attitude and behaviour over the past 2 months. It cited a particular incident on 1 November 2006 in which, du...
...made clear to counsel during those attempts that a key issue for the Director was public accountability through a declaration in the Tribunal naming the defendant. The current Director was not a party to those early discussions and despite ongoing requests for a settlement, she elected to pursue a public remedy. Ultimately, the fact that the defendant consented to a declaration of breach of the Code and the fact that costs were also settled, underlines the sincerity of the defendant’s...
...opposed application for adjournment by the plaintiff. At the outset of the hearing, however, counsel for the plaintiff advised the Court that no adjournment was being sought. Ultimately, I granted an adjournment after counsel for the defendant requested that I do so, and following extensive argument. I then indicated that costs in relation to the hearing should be resolved immediately and invited counsel to be heard. However, counsel for the plaintiff requested the opportunity to...
...claim that its agreements have the same effect as the plaintiffs allege theirs have. To respond to the MERAS claim fairly, the defendant would need that claim to be properly pleaded, with disclosure provided and evidence presented. [11] Counsel requested that the MERAS application be considered in light of these submissions. Subsequent representations on these issues [12] Mr Mitchell KC, counsel for MERAS, then filed a memorandum stating that as it was not seeking any order from...