Search Results

1. [2014] NZEmpC 19 Action Plumbing Gas Drainage Services Ltd v Tuhura [pdf, 21 KB]

   ...him remedies totalling more than $6,000. 1 [2] The defendant was represented in the proceeding before the Authority by David Beck, a solicitor experienced in employment law. On 26 November 2013, Mr Beck and Mr Bell, counsel for the plaintiff, filed the following joint memorandum: The plaintiff has challenged that determination. The statement of claim was filed on 13 October 2013. 1. Further to the filing and service of the plaintiff's application to have this matter heard...

2. 2020-11-20 ORC memo seeking amendment to evidence timetable.pdf [pdf, 107 KB]

   ...chief on Tuesday, 1 December 2020. 6 The Council is working on its evidence but will require more time to ensure that evidence is of a standard to best assist the Court and parties to this proceeding. Counsel respectfully seeks that the date for filing the Council’s evidence in chief be amended to Monday, 14 December 2020. 7 Counsel considers this amendment to the timetable will still give parties sufficient time to consider the Council’s evidence and will not prejudice the...

3. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

   ...a second amended statement of claim in circumstances where the proceeding has been set down for hearing and is scheduled to commence a little less than two months hence. The defendant opposes the application for leave. [2] The proceeding was filed urgently on 9 June 2015. The plaintiffs sought an interlocutory injunction restraining the defendant from offering union members individual terms and conditions of employment for the new season in circumstances where a replacement coll...

4. Tahere v Trustees of Rangihamama X3A - Rangihamama X3A and Omapere Taraire E (2015) 118 Taitokerau MB 194 (118 TTK 194) [pdf, 207 KB]

   ...applicants, and other members of the wider Tahere whānau, are currently occupying part of the Rangihamama X3A and Omapere Taraire E block. 1 In 2013, the trustees of the Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (“the trust”) filed application A20130002088 seeking their removal from the block. [2] In response, the applicants have filed an application with the Chief Judge per s 45 of Te Ture Whenua Maori Act 1993 (“the Act”) challenging an earlier order of the...

5. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 [pdf, 129 KB]

   ...accordingly, we will deal with each in turn. Claimants’ application for costs [11] The Zagorskis seek costs in respect of six interlocutory steps or aspects of Mr Holyoake and Hitex’s conduct of the case. These are: i. Delay in filing briefs of evidence. ii. Unauthorised site inspection by the expert/new evidence at the hearing. iii. Application to undertake further moisture tests. iv. Application to strike out Mr Angell’s report. v. Submission of further vol...

6. Saini v Dua [2016] NZIACDT 61 (26 September 2016) [pdf, 167 KB]

   ...statement of reply. The complainant’s counsel notified the Tribunal that she had received a statement of reply, and after making inquires, the Tribunal ascertained that through an administrative error, Mr Dua’s statement of reply was not on the file considered by the Tribunal. Accordingly, on 29 July 2015, the Tribunal indicated that its decision of 29 May 2015 was a nullity and without legal effect. [2] For various reasons it took some time to resolve the issues. It is sufficient...

7. [2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd [pdf, 316 KB]

   ...Court relating to procedural aspects of that hearing. A yet further application seeks a stay of a compliance order. [2] On an earlier occasion, I directed that special leave would have to be granted in respect of any interlocutory applications filed prior to the hearing of these challenges, given the multiplicity of applications with which the Court has had to deal with previously. Two of the applications relate to admissibility of evidence which might be called at the...

8. Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) [pdf, 266 KB]

   ...Counsel for the respondent set out in detail the procedural steps in these proceedings. Counsel for the applicants did not dispute those details. A number of these steps are relevant to the issue of costs: (a) On 26 November 2018, the respondent filed her own application to succeed to the deceased’s Māori land interests left to her in the will. The respondent’s application was not progressed, because the Court accepted the 6 December 2018 application filed by the applicants....

9. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

   ...INTERLOCUTORY JUDGMENT (NO 3) OF JUDGE B A CORKILL (Application as to admissibility of evidence) Introduction [1] This judgment relates to objections raised by the defendant about multiple paragraphs in nine reply briefs of evidence filed for the plaintiffs. Many of the objections are opposed by the plaintiffs. [2] Mr and Mrs Cronin-Lampe, the plaintiffs, were employed as Guidance Counsellors by the defendant, the Board of Trustees of Melville High School (the Board)...

10. [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [pdf, 231 KB]

    ...On 27 September 2023 Carrington served Mr Maheno with its application to stay the Authority’s determination. [5] Mr Maheno’s advocate was not aware of the application for stay being served on his client and a notice of opposition was not filed in time. On 13 November 2023 an application for leave to extend time to file a notice of opposition to the application for stay was made. [6] On 14 November 2023 the bailiff collected the judgment sum from Carrington. On 20 Novembe...