by Kaitlyn Yakas-Dance | Jul 28, 2023 | News
Sentencing – strangulation – injuring with intent to injure – wilful damage – male assaults female – Sentencing Act 2002, s 27 – Shramka v R [2022] NZCA 299. R v Reid [2023] NZDC 14868 per Judge Stephen Bonnar KC. Matu Reid, 23, in March 2023 appeared for sentence... by Kaitlyn Yakas-Dance | Jul 21, 2023 | News
Criminal procedure – sentencing – murder – Sentencing Act 2002, s 104(1)(b) engaged – manifestly unjust to impose minimum term of imprisonment of 17 years – manifestly unjust to impose life imprisonment – culpability and available discounts for personal mitigating... by Kaitlyn Yakas-Dance | Jul 21, 2023 | News
Unjustified dismissal – necessary process – Employment Relations Authority, ss 124 and 174E Wolak v Boss Transport Limited [2023] NZERA 349. Beth Wolak claimed her dismissal for serious misconduct on 22 December 2021 was unjustified. She sought a finding of... by Kaitlyn Yakas-Dance | Jul 21, 2023 | News
Discharge of mortgage – mortgagee cannot be found – amount secured repaid – Land Transfer Act 2017, s 105 – Property Law Act 2007 – Limitation Act 2010 – Thomson v Commissioner of Inland Revenue [1955] NZLR 69 – Re Hardiman [2021] NZHC 1491 Re Ryan [2023] NZHC 1641... by Kaitlyn Yakas-Dance | Jul 21, 2023 | News
Application for declaration of employment status – Employment Relations Act 2000 – s 6(1)(c) exception for volunteer – plaintiffs expected to be and were rewarded for their work – plaintiffs not volunteers – “real nature” test – control and integration – high level of...
