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2940 items matching your search terms

  1. [2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [PDF, 342 KB]

    [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.

  2. 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)

  3. 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)

  4. 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…

  5. 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

  6. 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

  7. [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.

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