Search Results

1. LCRO 34/2020 KL v OP (4 August 2020) [pdf, 147 KB]

   ...receipt of independent legal advice when he agreed to form the trust in 2008 defeats all of his criticisms of Mr OP as the lawyer who drafted the trust deed in 2008. [36] There is no evidence that suggests Mr OP was instructed to provide regulated services under the Act after the trust was formed, including when the parties separated in or about 2016. If he was not instructed to provide regulated services, it is that much more difficult to see how he could have breached the Act or an...

2. [2014] NZEmpC 62 Casey v Sensi Merivale Limited [pdf, 107 KB]

   ...continuing proceedings … in wilful disregard of known facts”, and “making allegations which ought never to have been made”. 5 The plaintiff relies on both of the foregoing categories. [4] Also relied on is the judgment of this Court in Reid v New Zealand Fire Service Commission (No 2) where the Chief Judge noted that an award of solicitor- client costs might be appropriate in circumstances where a plaintiff had brought proceedings that could not possibly succeed and had per...

3. [2017] NZEmpC 69 8i Corp v Marino [pdf, 156 KB]

   ...filed in the Employment Relations Authority but subsequently removed in full to the Court: 8i Corporation v Marino [2016] NZERA Auckland 312. 149 Settlements (1) Where a problem is resolved, whether through the provision of mediation services or otherwise, any person— (a) who is employed or engaged by the chief executive to provide the services; and (b) who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed...

4. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...Mr Bolderson was the pre- purchase inspector who prepared a report for the claimants. Mr May was the director of the company that quoted for the plastering work and arranged sub-contractors. THE ISSUES [4] The issues that I need to address are: What are the defects that caused the leaks? What are the appropriate remedial costs and damages? Did Blake Boyd owe the claimants a duty of care as developer or project manager? If he did owe a duty of care, did Blake B...

5. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...the High Court to have the 27 November 2015 Judgment No 2 recalled, and Mr JQ’s boat loan declared personal to Mr JQ. The Court granted that application in the 11 August 2016 Judgment No 4.4 Complaint [12] Ms DC lodged a complaint with the New Zealand Law Society Complaints Service on 16 June 2016. She stated she expected Mr DO to provide her “with the appropriate respect, courtesy and professionalism that a solicitor of his experience ought to provide”. [13] There were...

6. TH v N Ltd & LC [2024] NZDT 847 (14 October 2024) [pdf, 251 KB]

   ...interest at 14% to the date of payment ($18,963.29) and the interest that TH actually received ($13,743.65). TH could not clarify what the balance of his claim ($1,047.69) represents. 13. The relevant law is the Consumer Guarantees Act 1993. Service providers must exercise “reasonable care and skill”1. If this standard is not met, consumers have a range of remedies, including recovering “any loss or damage to the consumer resulting from the failure”2. 14. Reasonable care...

7. BT Ltd v XN [2023] NZDT 549 (11 October 2023) [pdf, 101 KB]

   ...accrue. 3. By July 2022, when the monthly rent was once again increased slightly by BT, XN’s arrears were at $2688.92, and all BT’s attempts to reach XN re payment had been unsuccessful. It appears he had relocated without advising BT of a new address, and all their attempts to call and email were unanswered. 4. In November 2022 BT engaged a tracing agent and notice was given, once XN was located, for him to clear his belongings out of his unit. 5. A written agreement in th...

8. KR v WH LCRO 141 / 2010 (14 May 2012) [pdf, 128 KB]

   ...be difficult whilst she is out of the country.” 22 October 2008 - WH advises ADR that a relationship property agreement has been drafted and that it is hoped to have that to them “early next week.” 29 October 2008 - WG arrives back in New Zealand and WH advises KR that she will endeavour to discuss the file with WG the following day (Thursday). 4 November 2008 (Tuesday) - KR seeks advice as to progress. 4 November 2008 - WH’s secretary responds- “Julie is out...

9. Horticulture New Zealand.pdf [pdf, 186 KB]

   ...Waikato Regional Council Respondent NOTICE OF WISH TO BE PARTY TO PROCEEDINGS PURSUANT TO SECTION 274 RESOURCE MANAGEMENT ACT 1991 To: The Registrar Environment Court Auckland 1. Horticulture New Zealand (“HortNZ”) wishes to be a party pursuant to section 274 of the Resource Management Act 1991 (“RMA”) to the following proceedings: (a) DairyNZ Limited v Waikato Regional Council (ENV-2017- AKL 000097) being an app...

10. Criminal-Proceeds-Recovery-Amendment-Act-2023.pdf [pdf, 228 KB]

    ...Amendment Act 2023 Commencement Order 2023 (the Commencement Order). Policy 2 The Criminal Proceeds (Recovery) Amendment Act 2023 (the Act) passed on 28 March 2023. The Act amended the Criminal Proceeds (Recovery) Act 2009 (CPRA), by creating new orders to facilitate the forfeiture of illicit assets: 2.1 new type 2 assets forfeiture orders where a person is associated with an organised criminal group and their readily-available legitimate property is shown to have been insufficient...