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1. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

   ...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...

2. Fines application forms

   Statement of means form You can use this form to help you communicate your financial means to the court when you ask for time to pay your fines. Statement of means form Application to dispute that a fine has been filed in court Also called a 78B application, you can use it to have an infringement fine returned to the issuing authority where you can challenge it. Learn more about disputing a fine Application to dispute that a fine has been filed in court Claim to seized property If your property

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3. [2013] NZEmpC 121 Thunderbird One Ltd v Harrington [pdf, 52 KB]

   ...plaintiff”. However, other than in the intituling, the statement makes no reference to the “first plaintiff” and seeks no relief on behalf of that company. The application for extension of time was made solely by Thunderbird One Limited. The form of these documents reflects the Authority’s conclusion in its first determination that the applicant was the respondent’s employer. That determination was not challenged. On the material currently before the Court, there is n...

4. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...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...

5. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...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...

6. BB & TL v A Ltd [2023] NZDT 667 (24 November 2023) [pdf, 176 KB]

   ...were noticed by the Applicants, whose lawyer notified A Ltd of the list of items that required remedying prior to settlement of the sale. The settlement went ahead before the defects were remedied and following settlement, the Applicants again requested that the defects be remedied. When the A Ltd did not address the request, the Applicants brought their claim to the Tribunal. 3. Following two hearings which were adjourned to allow the remedial work to be carried out, A Ltd remed...

7. BAB v PW LCRO 4 / 2011 (14 August 2012) [pdf, 119 KB]

   ...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]...

8. [2010] NZEmpC 108 MacBeth v Cookie Time Limited [pdf, 22 KB]

   ...application to remove the matter into the Court for hearing and determination. The Authority granted that application on 7 December 20071. [5] In the Court, the matter initially proceeded in the usual way. On 24 January 2008, a statement of claim was filed. A statement of defence was filed on 26 February 2008. I then held a telephone conference with counsel on 10 April 2008, the outcomes of which were recorded in a minute issued the following day. The plaintiff was directed t...

9. [2015] NZSSAA 98 (11 December 2015) [pdf, 32 KB]

   ...lump sum had been paid to her as a result of not claiming for the United Kingdom pension from age 60. The lump sum payment was also paid into the Special Banking Option account on 15 April 2014. The appellant contacted the Ministry about this and requested that the money be paid into her personal bank account. The amount of the lump sum was £553.89 or NZ$1,066.49. [6] The Chief Executive made a decision to deduct the amount of the lump sum payment from one fortnightly payment of New...

10. FP v T Ltd [2023] NZDT 635 (17 November 2023) [pdf, 186 KB]

    ...been gouged by the rain run-off and by applying fertiliser and eventually broad leaf spray. He advised he would return within two weeks to complete this and he didn’t. Subsequently, when he did arrange for it to be done, the contractor he sent out formed the opinion that due to the state of the lawn that, it needed to start over. If not, is FP entitled to claim $4,132.00 9. Under the CGA, if the services are not provided with reasonable care and skill, and the supplier is unable or...