[2017] NZEmpC 155 Quality Consumables Ltd v Hannah (interlocutory Judgment (No 2) of Judge M E Perkins, 7 December 2017) APPLICATION FOR SECURITY FOR COSTS – relevant principles considered – interests of justice considered – security for costs of $15,000 ordered.
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3027 items matching your search terms
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[2017] EmpC 155 Quality Consumables v Hannah [PDF, 150 KB] -
Complaints Assessment Committee (CAC 10057) v Property Bank Realty Limited [2017] NZREADT 74 [PDF, 154 KB] Ruling of the Tribunal (application to withdraw charges) in the matter of charges under s 91 of the Real Estate Agents Act 2008. Date of Decision: 5 December 2017.
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LCRO 227/2015 ZM v KT [PDF, 129 KB] Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / improper motive / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
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LCRO 228/2015 ZM v VC [PDF, 123 KB] Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / respondent misled Tribunal / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
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LCRO 229/2015 ZM v BM, VJ, FR and XS QC [PDF, 120 KB] Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
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LCRO 230/2015 ZM v LG [PDF, 123 KB] Complaint / Committee declined to take further action on complaints / complaints related to charges before NZLCDT / Lawyers and Conveyancers Act 2006 s 147 / defective notice / improper motive / HELD / no engagement by applicant / no evidence for complaint/ Committee’s decision confirmed / section 211(1)(a)
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LCRO 229/2016 MN QC v HT [PDF, 119 KB] Complaint / Committee found unsatisfactory conduct for respondent / respondent acted for applicant in litigation / excessive fees / fee agreement / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / HELD / fees excessive / Committee’s decision confirmed / section 211(1)(a)
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Complaints Assessment Committee (CAC 304) v Christopher Chapman [2017] NZREADT 71 [PDF, 147 KB] Ruling of the Tribunal (request by Newsroom NZ Ltd for disclosure) in the matter of charges under s 91 of the Real Estate Agents Act 2008. Date of decision: 27 November 2017.
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2017 NZSSAA 067 (27 November 2017) [PDF, 105 KB] Jobseeker Support – Benefit stopped due to overseas travel. Outcome: appeal allowed, costs awarded.
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LCRO 276/2013+293/2013+242/2016 CS v VN, PR and ZW ZM v VC [PDF, 274 KB] Complaint / Committee found unsatisfactory conduct / applicant acted for respondents / summary judgment sought for fees / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 13.1 / rule 13.5 / rule 13.5.3 / rule 11 / rule 4.4.1 / rule 2.3 / independence in litigation / lien over files / misleading conduct to court and costs assessor / HELD / breach of rule 13.5 and 13.5.3 / applicant mistaken in view of lien / breach of rule 4.4.1 reversed / cost assessor not mislead / court not mislead / Committee’s decision modified / section 211(1)(a)
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LCRO 127/2017 EZ v UO [PDF, 265 KB] Complaint / Committee declined to take further action on complaints / respondent acted for applicant in litigation / complaint litigation conducted incompetently / complaint applicant treated discourteously / complaint applicant ignored Judge’s order / excessive fees / HELD / representation was competent / applicant treated courteously / discovery issues not sufficiently grave to merit sanction / fees fair and reasonable / Committee’s decision confirmed / section 211(1)(a)
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[2017] NZEmpC 144 CE of Social Development v Tuilaepa [PDF, 482 KB] [2017] NZEmpC 144 Chief Executive of the Ministry of Social Development v Tuilaepa (Costs Judgment of Judge K G Smith, 15 November 2017) COSTS – costs for both Court proceedings and Authority investigation – guideline scale for Court costs used classified as Category 2, Band B – Authority daily notional tariff used – Calderbank offer ineffective when the offeree was completely successful in the challenge – financial circumstances considered – Court costs $28,990 and Authority costs $11,000.
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[2017] NZEmpC 136 ALA v ITE (No.4) [PDF, 77 KB] [2017] NZEmpC 136 ALA v ITE (Judgment No.4 of Judge B A Corkill, 7 November 2017) COSTS JUDGMENT RECALLED – hearing fee incorrectly calculated – changed from $735 to $250.44.
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[2017] NZEmpC 135 Idea Services Ltd v Crozier [PDF, 121 KB] [2017] NZEmpC 135 Idea Services v Crozier (Costs Judgment of Judge B A Corkill, 6 November 2017) COSTS – unsuccessful party was granted legal aid – Section 45(5) of Legal Services Act used extensive submissions required –high complexity – costs awarded $27,206.
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LCRO 226/2016 TS v KN [PDF, 113 KB] Complaint / Committee declined to take further action on complaints / fee complaint / complaint that respondent did not follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / HELD / fees fair and reasonable / respondent acting under instruction / Committee’s decision confirmed / section 211(1)(a)
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LCRO 146/2016 AZ v YB [PDF, 75 KB] Complaint / Committee declined to take further action on complaint / complaint over respondents conduct as trustee / fees charged as trustee / HELD / respondent not providing regulated services / Committee’s decision confirmed / section 211(1)(a)
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LCRO 174/2013 ZF v H BU and G BU [PDF, 252 KB] Complaint / Committee found unsatisfactory conduct / complaint arose from administration of estates / complaint over costs / section 110 Lawyers and Conveyancers Act 2006 / conflict of interest / HELD / no breach of s 110 / fees inadequately reported / Committee’s decision confirmed / section 211(1)(a)
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[2017] NZEmpC 128 ALA v ITE [PDF, 242 KB] [2017] NZEmpC 128 ALA v ITE (Oral Judgment (No 2) of Judge B A Corkill, 26 October 2017) BREACH OF COMPLIANCE ORDER – whether defendant failed to comply with compliance order for publications made on Facebook and YouTube – public interest justification considered – no countervailing public interest found – failure to obey take-down orders – multiple breaches found – Court to receive submissions as to applicable sanctions, indemnity costs and permanent non-publication orders.
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[2017] NZEmpC 130 ALA v ITE [PDF, 402 KB] [2017] NZEmpC 130 ALA v ITE (Oral Judgment (No 3) of Judge B A Corkill, 26 October 2017) BREACH OF COMPLIANCE ORDER – SANCTIONS – whether imprisonment appropriate – deliberate continuous and flagrant disregard of Court’s compliance orders – no steps taken to remedy the breach – need for deterrence of wilfully disobedient conduct considered – case law examined – defendant sentenced to a term of imprisonment of 21 days – committal order made under s 37(4) Corrections Act 2004 – permanent non-publication orders made – indemnity costs of $49,164 awarded.
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[2017] NZEmpC 129 Phoenix Publishing Ltd v McCallum [PDF, 111 KB] [2017] NZEmpC 129 Phoenix Publishing Ltd v McCallum (Judgment of Judge M E Perkins, 25 October 2017) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – good faith report received – applicant failed to prosecute its application – application dismissed – defendant awarded costs of $650.
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LCRO 159/2016 LH v OE and UB [PDF, 239 KB] Complaint / Committee declined to take further action on complaint / fees / costs assessor not appointed / HELD / Committee’s directed to reconsider complaint / section 209
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2017 NZSSAA 061 (20 October 2017) [PDF, 158 KB] Supported Living Payment, Disability Allowance and Temporary Additional Support – Appellant appeals decision to remove vehicle running costs from Temporary Additional Support and decision not to include landline and wiring telephone rental. Outcome: appeal dismissed.
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2017 NZSSAA 063 (20 October 2017) [PDF, 247 KB] Decision on costs, link to [2017] NZSSAA 020
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Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 351 (2017 APPEAL 351) [PDF, 288 KB] 18.10.17 | Deputy Chief Judge Fox, Judge Harvey, Judge Doogan | Te Ture Whenua Māori Act 1993, Section 79 | Costs
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2017 NZSSAA 060 (18 October 2017) [PDF, 114 KB] Disability Allowance and Special Needs Grant – Application declined due to failure to demonstrate reasonable costs. Outcome: appeal dismissed.