Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Burns v Media Design School Ltd - costs judgment of Judge A A Couch.

14.10.2009 | Judge Coxhead | Te Ture Whenua Māori Act 1993, section 79 | Security costs

Final determination summary TRI 2008-101-000045/DBH 05356. Decision date 21 September 2009. See also the Hearn v Parklane Investments Limited interim determination, the Hearn v Parklane Investments Limited interim determination summary, the Hearn v Parklane Investments Limited costs determination, the Hearn v Parklane Investments Limited costs determination summary, the Hearn v Parklane Investments Limited final determination, and the High Court Nachum v Weathertight Homes Tribunal appeal decision HC Wellington CIV-2009-485-2070.

21.08.09 | Judge Coxhead | Te Ture Whenua Māori Act 1993, Section 79 | Costs

Decision on costs summary TRI 2007-100-000041/DBH 05001. Decision date 27 June 2009. See also the Tabram v Slater final determination, the Tabram v Slater final determination summary, and the TabramvSlater-Decision costs decision.

Costs determination summary TRI 2008-101-000045/DBH 05356. Decision date 23 June 2009. See also the Hearn v Parklane Investments Limited interim determination, the Hearn v Parklane Investments Limited interim determination summary, the Hearn v Parklane Investments Limited costs determination, the Hearn v Parklane Investments Limited final determination, the Hearn v Parklane Investments Limited final determination summary, and the High Court Nachum v Weathertight Homes Tribunal appeal decision HC Wellington CIV-2009-485-2070.

Extensive delays in replying to correspondence unsatisfactory conduct / re-hearing where appropriate / practitioner should be familiar with Act / LCRO may consider the complaint de novo

Contract / Sharemilkers Agreements Act 1937 / Applicant was appointed by the Respondent and a third party to act as a conciliator in sharemilking dispute / both parties agreed to pay half the costs of the conciliation / Respondent had not paid its account and considered the work done by the Applicant to be in breach of her contract as a conciliator / held that the Applicant failed to carry out her role as conciliator with reasonable skill and care, and in accordance with the Sharemilking Agreement / conciliator was obliged to immediately convene a hearing between parties; to assist parties to reconcile their views on the dispute to reach an amicable settlement, and to provide independent and impartial assistance / was not relevant that the Applicant was not a member of a professional body of mediators, or that she failed to complete the conciliation in the timeframe envisaged under the Sharemilking Agreement / held that the failings in the process adopted by the Applicant significantly…

The application for review is upheld pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act

Revision of bill of costs rendered / fees and conduct issues to be dealt with separately

Interim determination summary TRI 2008-101-000045/DBH 05356. Decision date 30 April 2009. This interim determination was appealed and cross-appealed to the High Court but were both unsuccessful leaving the matter of the judicial review application to still be determined. See also the Hearn v Parklane Investments Limited interim determination, the Hearn v Parklane Investments Limited costs determination, the Hearn v Parklane Investments Limited costs determination summary, the Hearn v Parklane Investments Limited final determination, the Hearn v Parklane Investments Limited final determination summary, and the High Court Nachum v Weathertight Homes Tribunal appeal decision HC Wellington CIV-2009-485-2070.

Grossly excessive legal fees / legislative gap relating to costs revisions

Costs determination TRI 2007-100-000064/DBH 01814. Decision date 23 April 2009. See also the White v Rodney District Council final determination, the White v Rodney District Council final determination summary, the White v Rodney District Council costs decision summary, and the High Court White v RodneyDC appeal decision HC Auckland CIV-2009-404-1880.