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1. Redruth v Dereham LCRO 154 / 2010 (10 November 2010) [pdf, 132 KB]

   ...“duty to take any point which he believed to be fairly arguable on behalf of his client.” [37] Conversely, a lawyer instituting civil proceedings that lack any legal foundation is an abuse of Court processes, squandering valuable Court time and resources, and also a dereliction of the lawyer‟s duty to the client and exposing the client to liability of costs. On this point G E Dal Pont‟s textbook, Lawyer’s Professional Responsibility, states (at page 401): “Before...

2. Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (2017) 64 Tairawhiti MB 102 (64 TRW 102) [pdf, 172 KB]

   ...standard of repair. Also noted is some of the problematic history of the Waitangi A1A2 Trust and previous comments by Judge Williams acknowledging that there had been numerous problems over the years including family in- fighting, lack of financial resources, lack of income, debts including rating arrears and communication difficulties between the trust and owners. 3 2 36 Ruatoria MB 24. 3 60 Ruatoria MB 136. 64 Tairawhiti MB 1...

3. [2015] NZEmpC 142 First Union Inc v Jacks Hardware & Timber Ltd preliminary [pdf, 183 KB]

   ...bargaining on 20 February 2015. Materially, this notice included the following provisions:  Jacks Hardware & Timber has been considering its position over the weeks since we last met. We have now invested a year of time and considerable resources in attempting to settle a collective agreement with you, FIRST Union.  Prior to today, we believed that there were some philosophical differences that represented road blocks to us concluding a collective agreement. In partic...

4. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...engagement has been made then the trustees are ordered to immediately notify the Executive Officer that the appointment process is now subject to injunction and investigation by the Court and accordingly no further steps will be taken to use any trust resources including trust funds concerning such appointment or engagement until further order of the Court. [33] A hearing of the application will be set down during the 9-10 May 2012 sitting of the Court at Hastings at some convenient...

5. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...assessment carried out of the building on 27 March 2013. [32] The trustees deny that they may be liable for waste pursuant to s 346 of the Act if they remove the Nursery. The trustees contend that this section applies where any person takes natural resources such as timber and minerals from Māori freehold land without permission. It does not apply to the removal of a building. [33] The trustees say that there is no serious question to be tried, and the balance of convenience can...

6. Thompson - Wharekawa 5B South 4B1 (2006) 109 Hauraki MB 21 (109 H 21) [pdf, 643 KB]

   ...onto the land. There is no dispute that he did not have the consent of the current trustees to the dwelling being sited on the land. Nor did he obtain the required consents from the Franklin District Council in respect of the Building Act and the Resource Management Act. Minute Book: H 109 22 [3] The trustees received a letter dated the 19th January 2006 from the Franklin District Council requiring the trustees to take urgent action to remedy the situation by either removing the...

7. [2017] NZEmpC 66 Lal v The Warehouse [pdf, 136 KB]

   ...physical restrictions (relating to prolonged sitting, standing and walking). 1 Lal v The Warehouse Ltd [2016] NZERA Auckland 78. [7] Ms Lal requested a meeting with Ms Wooding (Human Resources) in late September 2013. At the meeting Ms Lal expressed a desire to transfer to a different store to undertake her rehabilitation. She said that her manager was not providing her with light duties. Ms Wooding explained the diffi...

8. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...the equation. Nor does the presence of junior counsel at the hearing for the defendant. Put another way, the case was such that it could have been handled reasonably by a local practitioner on his or her own, but no doubt with help from a well resourced client such as CHH. So reasonableness of fees is assessed in part on this basis. [41] Next, not only must no allowance be made for the company’s costs of unsuccessfully applying for an order for security for costs, but there sho...

9. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...Again, we can only agree with those submissions of Mr Rea. [20] Mr Rea submits that the core of this matter concerns a dispute over real estate commission charged five years ago. He referred to the dispute having already consumed extensive judicial resources with three days in the District Court, a High Court appeal, and a Complaints Assessment Committee determination. 11 [21] Mr Rea submits that the appeal is frivolous, vexatious and an abuse of process; that the allegat...

10. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

    ...financial consequences for the defendant of employees being permitted to choose the days on which longstanding entitlements to alternative holidays were taken. Evidence in support of this argument was given by Mr Woodcock, the defendant’s human resources manager. He said in his affidavit that the additional cost to the defendant of employees predominantly taking holidays on those days which attracted higher rates of pay was very substantial. [57] In advancing his submissions,...