7470 items matching your search terms
...requiring adjudication prior to hearing, some of which (of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. The circumstances where a reduced quorum is permitted has been extended by recent amendment to the Act2. 2 Lawyers and Conveyancers Amendment Act 2012, ss 15 and 19. 1 Jul 2009 - 30 Jun 2010 1 Jul 2010 - 30 Jun 2011 1 Jul...
...that it allegedly agreed to provide him with three years’ notice of any termination. [11] Similarly, Mr O’Brien, on behalf of the plaintiff, took the opportunity to contend in his notice of opposition that the injunction should be varied to permit the plaintiff to return to work and not remain on garden leave. [12] I do not consider that the change of circumstances brought about by the plaintiff’s election to pursue the removal of his proceedings into the Court and the d...
...Council will give specific consideration to those persons listed in Rule C1.13(4). E39.6. Standards Subdivision listed in Tables E39.4.1 to E39.4.5 must comply with the relevant standards in E39.6.1 General standards, and the relevant standards for permitted, controlled, restricted discretionary and discretionary activities in E39.6.2 to E39.6.5. General standards E39.6.1. Specified building area E39.6.1.1. (1) A specified building area must be clearly identified on every site...
...the preliminary screening and to present the cases, and that the decisions that count are made on the basis of the trial” [authorities cited omitted] There is a strong pragmatic argument that the disciplinary process should not be prolonged by permitting a review of a decision to prosecute. Any arguments that the decision to prosecute is ill founded can of course be properly raised before the Tribunal itself…. [23] The Committee has before it, a comprehensive report which identi...
...injustice that would otherwise occur due to the way in which the discontinuing party has conducted the proceedings to that point — for example, by obtaining an order for an interim injunction. In such circumstances, the discontinuance may not be permitted at all, or only be permitted on certain conditions. Discussion [15] My concern in relation to the applican’s withdrawal of the application was that it may leave matters unresolved for the purposes of Mrs Regeling’s estate...
...practically able to take responsibility. 3 [11] Mr DL says it is not correct for the Committee to have recorded that he conducted proceedings for Mr MP, when Ms RS was instructing solicitor. He says he did not knowingly employ Mr MP, or permit him to act as a clerk or otherwise, in breach of s 7 of the Act. Mr DL says it was simply not his function or authority to have any dealings with Mr MP in relation to input with any document created in the proceeding, and he exercised...
...counsel. Furthermore the defences raised on their behalf were virtually identical. [9] The respondents submitted that costs should be awarded on a level comparable to a 3B basis according to the District Court Rules 2014. Category 3 proceedings permit a daily recovery rate of $2,300 per day, which is the highest recovery rate allowed for under those rules. Category 3 proceedings are classified according to rule 14.3 of the District Court Rules 2014 as being: Proceedings that b...
...her position in the belief that he or she was entitled to that sum and would not have to pay or repay that sum for the chief executive; and (b) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [26] That is the crux of the appellant’s case. [27] The appellant is a paediatric nurse. Obviously, he is a highly skilled professional who is able to assimilate and process information, including 7 measurem...
...supported living payment from the Ministry. [2] The appellant first came to New Zealand on XX September 2002 on a business visa. During varying periods down to 10 January 2013, the appellant spent time in New Zealand. Some of the time she had a permit and for some of the time she was in New Zealand unlawfully without a valid 2 visa. During the period of time down to 10 January 2013, she only held temporary visas. On 10 January 2013, she lodged an appeal with the Immigra...
...parties to the dispute where necessary for the fair and speedy resolution of a claim (clause 11). The tribunal must comply with the principles of natural justice when managing claims although this does not require it to allow the use of experts or permit cross-examination of a party or person (clause 20 and 37). Decisions of the tribunal can be appealed, on questions of fact and law, to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions...