[2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment (No 2) of Judge B A Corkill, 1 June 2018) APPLICATION FOR UNLESS ORDER – CHALLENGE TO OBJECTION TO DISCLOSURE, INTERLOCUTORY COSTS ORDER – unless order application dismissed with reasons – challenge to objection to disclosure dismissed - challenge to claims of invalid legal privilege dismissed – application for pre-hearing costs deferred – direction that no further applications may be filed without special leave of the Court.
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2940 items matching your search terms
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[2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [PDF, 342 KB] -
LCRO 116/2017 GC v KM (31 May 2018) [PDF, 420 KB] Complaint / Committee found unsatisfactory conduct / fees not fair and reasonable / failure to keep client informed / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 3.2 / rule 3.4 / rule 3.5 / rule 7 / rule 7.1 / rule 7.2 / rule 9 / rule 9.1 / competence / terms of engagement / enduring power of attorney / cash-out clause / HELD / fees fair and reasonable / client kept informed / Committee’s decision reversed / section 211(1)(a)
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Complaints Assessment Committee (CAC 409) v Ganesh NZREADT 19 [PDF, 327 KB] Charges laid under s 91 of the Real Estate Agents Act 2008
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[2018] NZEmpC 58 Ioan v Scott Technology NZ Ltd t/a Rocklabs [PDF, 219 KB] [2018] NZEmpC 58 Ioan v Scott Technology NZ Ltd t/a Rocklabs (Cost Judgment of Judge J C Holden, 30 May 2018) COSTS – APPLICATION FOR STAY – costs of $22,000 awarded in favour of defendant – insufficient evidence that without stay the plaintiff will be unable to pursue appeal – stay application declined.
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LCRO 168/2016 WT v MD (30 May 2018) [PDF, 269 KB] Complaint / Committee found unsatisfactory conduct / failure to use up-to-date statute / advice incompetent / fees not fair and reasonable / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 3 / rule 4.2.3 / rule 9 / withdrawing from retainer / HELD / fees reasonable / client given reasonable time to terminate retainer / advice competent / failure to use up-to-date statute unsatisfactory / Committee’s decision modified / section 211(1)(a)
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[2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [PDF, 363 KB] [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd (Judgment of Judge B A Corkill, 29 May 2018) COSTS – both parties unsuccessful at Authority – time involved in claim and counter-claim considered - costs assessed separately- plaintiff to contribute $3,500 to defendant.
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LCRO 195/2014 MC v GK (28 May 2018) [PDF, 179 KB] Review / Committee found unsatisfactory conduct / complaint about administration of estate / fees not fair or reasonable / failure to respond to emails / Lawyers and Conveyancers Act 2006, section 201(5) / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9 / BI v CW LCRO 23/2012 (2 September 2012) / HELD / settlement agreement made / Committee’s decision reversed / section 211(1)(a)
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[2018] NZEmpC 55 TUV v WXY [PDF, 184 KB] [2018] NZEmpC 55 TUV v WXY (Consent Interlocutory Judgment of Chief Judge Christina Inglis, 25 May 2018) CONSENT – APPLICATION FOR STAY – Authority determination stayed by consent – security for costs in the Authority paid into Court.
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[2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment [PDF, 280 KB] [2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment (Costs Judgment of Judge M E Perkins, 22 May 2018) COSTS – Authority’s own motion investigation – no award of costs.
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[2018] NZEmpC 52 Smith v Director-General of the Ministry for Primary Industries [PDF, 340 KB] [2018] NZEmpC 52 Smith v Director-General of the Ministry for Primary Industries (Costs Judgment of Judge K G Smith, 22 May 2018) COSTS - Guideline Scale - ability to pay – costs awarded of $21,185 plus disbursements.
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[2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [PDF, 427 KB] [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan (Costs Judgment of Judge B A Corkill, 11 May 2018) COSTS – challenge to costs determination - jurisdiction to award costs when the matter is outside jurisdiction – costs within jurisdiction – costs of $33,739 ordered plus disbursements.
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DC v T Ltd [2018] NZDT 1401 (7 May 2018) [PDF, 208 KB] Contract / Respondent company owned a number of planes and offered rides to the public / Applicant was responsible for providing required Quality Assurance / Applicant unpaid for some of his Quality Assurance work / Applicant claimed for Quality Assurance fees, materials purchased and legal fees / Whether there was a contract between the Applicant and Respondent / If so, whether the contract had been breached and what damages were payable / Whether the Applicant purchased goods to the benefit of the Respondent / If so, whether the Respondent was required to pay for those goods / Whether the Applicant can recover his legal costs / Held: Binding contract between the Applicant and Respondent / Respondent breached contract / Applicant provided invoice for $2,500.00 which was unpaid / Applicant entitled to that amount from the Respondent / Applicant provided invoice for goods purchased for the Respondent / Applicant expended $6,184.24 of his own money to assist the Respondent / Would be un…
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[2018] NZSSAA 22 (7 May 2018) [PDF, 215 KB] Disability Allowance - specialist and pharmaceutical costs. Second interim decision. (First interim decision [2017] NZSSAA 074)
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Auckland Standards Committee v Stirling [2010] NZLCDT 4 [PDF, 224 KB] Date of Decision: 05 May 2010. Decision on Charges.
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[2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [PDF, 343 KB] [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd (Interlocutory Judgment of Judge K G Smith, 4 May 2018) URGENCY– STRIKE OUT- SECURITY FOR COSTS – unsatisfactory nature of pleadings – application for urgency dismissed – security for costs of $10,000 ordered – proceeding stayed pending payment or further order.
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Edwards v Tatere – Mangatainoka No 1BC No 2C1 (2018) 186 Waiariki MB 44 (186 WAR 44) [PDF, 351 KB] 04.05.18 | Judge Coxhead | Te Ture Whenua Māori Act 1993, Section 79 | Costs
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[2018] NZEmpC 39 Direct Auto Importers (NZ) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [PDF, 228 KB] [2018] NZEmpC 39 Direct Auto Importers (NZ) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge M E Perkins, 3 May 2018) COSTS ON DISCONTINUANCE – relevant principles applied – costs of around $13,000 jointly and severally ordered.
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[2018] NZLCDT 14 Central Standards Committee 3 v Meyrick [PDF, 1.9 MB] Decision on Charges. Date of Decision: 3 May 2018.
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[2018] NZEmpC 37 Edminstin v Sanford Ltd [PDF, 396 KB] [2018] NZEmpC 37 Edminstin v Sanford Ltd (Costs Judgment of Judge K G Smith, 2 May 2018) COSTS – each party claimed costs– plaintiff successful party – complex claims separated out – guideline scale applied - total costs of around $68,400 plus disbursements ordered.
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Complaints Assessments Committee 403 v Misa NZREADT 11 [PDF, 176 KB] Charges laid under s 91 of the Real Estate Agents Act 2008. Date of Decision: 01 May 2018.
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[2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [PDF, 300 KB] [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs New Zealand (Interlocutory Judgment of Judge M E Perkins, 27 April 2018) ENFORCEMENT- PARTICULAR DISCOVERY – REMOVAL OF RESTRICTIONS ON DISCOVERED DOCUMENTS AND INSPECTION – SECURITY FOR COSTS – limited discovery granted – no restrictions lifted – application for security for costs dismissed – directions for preparation for hearing given.
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FC v TX [2018] NZDT 1053 (23 April 2018) [PDF, 98 KB] Contract and Commercial Law Act 2017 / transfer of title / Applicant purchased motorbike from Respondent / bike had been stolen from its original owner and was sold to the Respondent / Police advised Applicant to return bike to its original owner/ Applicant claimed return of the purchase price, plus transport costs and filing fee / Held: bike stolen property / seller cannot pass on title to a good that he or she does not have / implied condition which entitles buyer to a refund and costs if seller does not have title / exceptions to rule did not apply / absence of conviction and fact that Respondent had possession of goods did not affect the true owner’s rights / Respondent liable to refund purchase price of bike and cost of transporting it back to original owner, but not filing fee / Respondent ordered to pay Applicant $6,850.00
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FJ Ltd v TQ Ltd [2018] NZDT 1066 (20 April 2018) [PDF, 82 KB] Contract and Commercial Law Act 2017 / implied condition that goods will be reasonably fit for purpose / Applicant purchased a second-hand tyre for a light truck from Respondent / the tyre failed six weeks after installation / Held: tyre not reasonably fit for purpose / tyre was designed for a passenger car, not a light truck / Respondent liable for damages being the loss directly and naturally resulting from the breach of warranty / repair and towing costs / Respondent ordered to pay Applicant amount claimed of $769.25
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Nicholls v Nicholls - Koromatua 3A Block [2018] Māori Appellate Court MB 165 (2018 APPEAL 165) [PDF, 264 KB] 19.04.18 | Te Ture Whenua Māori Act 1993, Section 58 | Costs
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[2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [PDF, 289 KB] [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd (Costs Judgment (No 2) of Judge B A Corkill, 18 April 2018) COSTS – whether successful party should be awarded costs with regard to advancing of the applications –costs on costs awards may be made – costs consequences of Calderbanks extend to parties joined to litigation but not to those not involved in some hearings – hearing costs broken down -percentage costs distributed between four parties.