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...the functions of a director of PRI, and that he held himself out as being authorised to exercise these functions. It is also the case that the de jure directors must have been well aware of his actions, so that it should be concluded that PRI permitted him to act as a director. [114] In summary, I find that Mr Hay was a guiding mind for the purposes of the litigation, in his capacity as a de facto director of PRI. 44 Delegat v...
...emphasis).'· Further, the court determined that the relevant s274 parties were "not entitled to be heard on their wish for a requirement for their approval to dispensing with notification of resource consent applications for building above the permitted height limit" (my emphasis).'9 [34] Section 274 has not materially changed since Beasley was decided. It was an oral decision of then Principal Environment Judge Sheppard and concerned whether a s274 party could...
...because he had intended to find and rectify the errors, that there was no intention to mislead. That is a distortion of his obligation. [131] As set out in Mr Waalkens’ Closing, the categories of default are as follows: (a) Client balances were permitted to go into debit; (b) Large client balances were not put in interest bearing deposit; (c) The float account was overdrawn; (d) Journal entries were not maintained from September 2014 and certain other transfers were not recorde...
...additional two, requiring a take of 54 m2. The design for this option was based upon a 5 m wide footpath provided through the intersection, with a right-turn limit line on Man Street set as close to behind the pedestrian cross walk as design standards permits “… enabling greater right turn capacity and improved intersection efficiency”. Decision on the NOR and associated consents [44] The panel made a decision to confirm the NOR and granted the associated resource consents...
...• leveraging the company’s core competencies by entering into long-term leasing of land for dairy and sheep and beef farming • optimising the company’s genetic capability by marketing its genetically superior sheep, beef and deer • to permit wind farming on its properties as an adjunct to its core farming business and where appropriate, for the purpose of supplying primarily its own energy needs, to develop, operate and own small scale wind turbines on its properties, whether...
...there was a more than negligible risk that either, or both, lawyers would be unable to discharge their professional obligations to either, or both, their respective clients. Informed consent [108] Subject to the provisions of r 6.1, r 6.1.1. permits a lawyer (or lawyers in the same firm) to act for more than one client in respect of the same transaction, where the prior informed consent of both parties is obtained. [109] The conduct that requires to be addressed in relation to t...
...was in close physical proximity to the event at the time it occurred? [73] Dr Vickers advised that the appelland arrived at his factory and witnessed the fire, and so Dr Vickers presumes that this was from as close a position as would have been permitted by the fire brigade. Dr Newburn notes that the appellant arrived to see his property in flames and was only able to sit and watch and do nothing, feeling significantly helpless and in tears. This Court finds that the reports support...
...reliability as a witness. Complainants often cite cross-examination as the most stressful part of their criminal trial experience. 25. Currently, the prosecution must apply to the court and satisfy statutory criteria before any adult complainant is permitted to give evidence in an alternative way.3 It is not uncommon in sexual violence cases for complainants to give their evidence-in-chief by way of pre-recorded video of their original police interview. However, a Court of Appeal decision in 2...
...did not attend as required. Ms Eppingstall disputed this evidence from Ms Kilpatrick and also pointed out that crew control operate computer software programmed with rostering rules in the collective employment agreement. That system would not permit crew control to allocate flying duties that would breach duty times and rest periods required under the collective employment agreement. I do not accept that Ms Kilpatrick suffered a disadvantage as a result of being required to repo...
...to open up separate accounts under r 5(1)(b) where the funds belong to more than one client jointly. Rather in such a case they are to be treated as one client and a single account in the joint name is to be used. [76] Rule 5(1)(c) does not permit a lawyer holding funds in dispute as stakeholder to accede to the request of his or her client as to the use of the money and to ignore the basis upon which the funds were expressly paid. Receipt [77] It was also argued that the recei...