Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

S152 Lawyers and Conyeyancers Act 2006 /  Standards Committee (or LCRO) may only lay charges of misconduct before New Zealand Lawyers and Conveyancers Disciplinary Tribunal / no jurisdiction to make finding of misconduct.

Complaints about quality of services by lawyers not upheld. Standards Committee comment that lawyers could have communicated better led to review application and request for fees adjustment. Review issues included lack of courtesy and respect by lawyers. Standards Committee decision confirmed.

Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 final determination TRI 2008-100-000023/DBH 5619. Decision date 25 March 2011. See also the Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 summary, Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 costs decision, and the High Court Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 costs appeal decision CIV-2011-404-004779.

Cameron & Ors as Trustees of the Normac Trust v Stevenson [2011] NZWHT Auckland 17 costs decision TRI 2009-101-000012/DBH 2891. Decision date 25 March 2011. See 2010 decisions for the substantive decision.

Complaint not upheld when Practitioner charged Trust fees whilst acting on instructions of one trustee / Law Practitioners Act 1982 applies

JUDGMENT OF THE COURT, 9 March 2011. The appeal is allowed.The decision of the Employment Court is quashed and substituted by a declaration that the respondent breached s 97(2) of the Employment Relations Act 2000. The appellant is entitled to costs for a standard appeal, to be calculated on a Band A basis together with usual disbursements. We certify for  two counsel.

NZ Amalgamated Engineering Printing and Manufacturing Union v Steelfort Engineering Co Ltd - costs judgment of Judge A D Ford.

15.02.11 | Deputy Chief Judge Fox, Judge Savage, Judge Harvey | Te Ture Whenua Māori Act 1993, sections 58, 79 | Costs, Exercise of discretion to award costs

Smith v Life to the Max Horowhenua Trust costs

Jinkinson v Oceania Gold (NZ) Limited - costs.

Contract / Fair Trading Act 1986 (FTA) / First Respondent hired a truck and excavator from First Applicant / truck collided with power pole while driving / First Applicant repaired the truck and claimed for the excess under terms and conditions / First Respondent counterclaimed that terms and conditions were misleading, excess and costs incurred / Held: First Applicant’s terms and conditions were clear that the hirer is responsible for any damage to hired equipment during term of hire / should the hirer pay “damage waiver”, hirer is then only liable for first $1,000.00 (plus GST) / First Applicant did not engage in misleading conduct under s 11 of FTA / First Respondent had opportunity to review terms and conditions and accepted / no suggestion made by First Applicant that “damage waiver” extended to third party damage / First Respondent formed mistaken impression of cover / claim allowed, counterclaim dismissed, First Respondent ordered to pay First Applicant $1,125.00.

Dog Control Act 1996 / damages under s 63(1) / claim for costs incurred as a result of attack by Respondent’s dogs on Applicants’ stock/ costs relate to sheep killed, veterinary bills and related expenses / dog owner liable under DCA, s 63(1) for damage caused by dogs / on balance of probabilities, dogs that attacked sheep likely to be Respondent’s dogs / Applicants’ neighbour made convincing identification that dogs caught by Applicants were the same dogs he saw the previous day running from Applicants’ property / First Applicant saw same dogs worrying sheep before she caught the dogs / Respondent identified as owner of the dogs / Respondent ordered to pay $2,789.90.

Decision on costs TRI 2010-100-000074/DBH 05687. Decision date 18 November 2010.