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Body Corporate 207624 v Grimshaw & Co [2023] NZHC 979 (Tahana J)
Breach of duty claims against law firm relating to advice on distribution of settlement proceeds – applicable principles – duty of care under ...
The Sale and Supply of Alcohol Act 2012 – s 75 territorial authority may develop policy about the sale and supply of alcohol within the authority’s district – s 4 object of the Act - 9pm closing time not ...
Returning Offenders (Management and Information) Act 2015 – retrospective penalty – judicial review – statutory power of decision – jurisdiction – administrative law – New Zealand Bill of Rights Act ...
Sentencing Act 2002, ss 106 and 107 – discharge without conviction – Misuse of Drugs Act 1975, s 6(2A) – conspiracy to import methamphetamine – gravity of offending low – consequences of conviction moderately- ...
S 189(b)(2) Crimes Act 1961 – s 194(b) Crimes Act 1961 – S 129(2) Crimes Act 2961 – appeal against sentence – manifestly excessive - starting point - imprisonment – autism spectrum disorder – prior consensual ...
Sections 138, 143 Land Transfer Act 2017, Schedule 2 Land Transfer Regulations 2018 – procedure - caveatable interest - lapse of caveat - caveatable interest - agreement to mortgage equitable mortgage -caveat to ...
Application for leave to appeal – convictions for violent and sexual offending – extensive relationship evidence given at trial – need for tailored directions regarding purpose and proper use of the evidence – ...
Criminal Procedure Act 2011 s 200 – application for permanent name suppression – interim name suppression ordered at sentencing – application advanced at sentencing but adjourned pending further evidence – high ...
S 235(b) Crimes Act 1961 - sentencing – aggravated robbery - sentence indication – pre-sentence report – personal circumstances – rehabilitation – Zhang v R [2019] NZCA 507 – Carr v R [2020] NZCA 357 – home ...
Contract and Commercial Law Act 2017 – Fair Trading Act 1986 – claims against vendor for misrepresentation and common mistake relating to building’s seismic report – claims by defendant and third party engineering ...
Sentencing Act 2002 – s 106 – appeal against conviction and  sentence out of time on basis appellant should have been discharged without conviction due to the immigration consequences of convictions (liability for ...
Criminal Procedure Act 2011 – successful appeal against conviction – careless driving causing injury – error or irregularity causing miscarriage of justice – conviction based on preference for prosecution’s account ...
Statutory demand - s 290 of the Companies Act 1993, setting aside of statutory demand - s 290(4) (a) substantial dispute regarding debt - sham transaction - s 290(4) (b) counterclaim, set-of, cross demand - ...
Less than five minutes from our hotel in Apia, the headquarters of Samoa’s police looks like a fortress. But inside, people return strangers’ smiles.
After travelling to Samoa to run a two-day workshop to teach ...
Judicial Review Procedure Act 2016, s 15 – application for interim orders – decision of Minister of Immigration not to intervene under s 16 Immigration Act 2009 to prevent Kellie-Jay Keen-Minshull (Posie Parker) ...
Senior Courts Act 2016 – Senior Courts (Access to Court Documents) Rules 2017 – Evidence Act 2006 – application to access court documents – judicial review – ‘settlement’ privilege and without prejudice privilege – ...
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