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...period prescribed by s114(1) of the Employment Relations Act 2000. [2] On 23 March 2007, I conducted a telephone conference with counsel at which the matter was set down for hearing on Monday 23 April 2007. I also directed that Mr Beck was to file and serve briefs of evidence of all witnesses relied on by the defendant no later than Friday 13 April 2007. [3] On Thursday 19 April 2007, Mr McGinn advised Mr Beck that the challenge was to be withdrawn. The following day, Mr McGi...
...substantive judgment 2 dated 3 October 2011, I invited the parties to endeavour to reach agreement on costs but agreement did not prove possible and the Court must now determine that issue. [2] Ms Joanne Douglas, counsel for the defendant, filed a helpful memorandum confirming that no steps had been taken by the plaintiff to meet the Authority’s costs award of $3,000. In this Court, Ms Douglas sought an award of $11,000 which was
...justice to rectify that position now and I do so by formally joining Murray Leslie Cruickshank as second plaintiff. The entituling to these proceedings must henceforth include Mr Cruickshank in that capacity. [14] The plaintiffs will now need to file and serve an amended statement of claim which should be done within the next 7 days. Mr Dunn may then have until 4 pm on Wednesday 23 December 2009 to file and serve a statement of defence to those amended proceedings. The matter can...
...allow equal time to that allocated for commencing them. I accept Mr Rooney’s suggestion that the matter be assessed on a 2B basis. [13] In accordance with band B, the times allowed for the relevant events would be: Preparing and filing statement of defence 0.5 Appearance at telephone conference 0.2 Preparation for hearing 0.5 Appearance 0.5 ____ Total 1.7 days [14] In addition, I would allow an additional half day for dealing with evidential issues. Mr Roone...
...background is this. By a determination issued on 19 November 2013, 1 the Authority required the defendant to comply, within 28 days, with the terms of an Improvement Notice issued on 3 September 2013, and to reimburse the Labour Inspector’s filing fee in the Authority of $70.56. The defendant did not take any step in the Authority proceedings or appear at its investigation meeting. 1 David Myatt (Labour Inspector) v Community Med...
...favour of a successful litigant should not be withheld without good reason, particularly where it is clear the claim is vexatious and “bordering on extortion”. Submissions by Ms Scarborough in opposition [4] On 25 January 2016 Ms Scarborough filed submissions in reply. They are characteristically discursive in nature. The main points appear to be: [4.1] Mr CHB Bennett who represented Kelly Services at the hearing was disqualified from acting as he had misleadingly represented hi...
...arguable case. Similarly, the siblings of the decease also have an arguable case in terms of there being an intestacy regarding the Wellington Tenths Shares. [14] However, as this possibility was not discussed in Court I now invite the parties to file any further submissions within 21 days from receipt of this decision. Once in receipt of those submissions I may issue further directions or conclude the application. [15] In the meantime, I determine that Mrs Nicholas is to receive...
...jurisdiction to award the type of indemnity relief sought by Sai against Seaclean. [6] In this Court, the challenge should also have been straightforward because it was dealt with on the papers without a formal hearing. Both parties, however, filed comprehensive submissions which, apart from dealing with all the relevant legal issues, also raised other rather obtuse arguments which it was necessary for the Court to have to deal with in its judgment. The task of the Court is to mak...
...Tribunal that he did not wish to make any further submissions as he believed the information already before the Tribunal was sufficient for a decision to be made on the appropriate quantum. The claimant trust (Harbourview) and the Council have filed submissions as to whether or not it is appropriate for any costs to be apportioned between them. [3] In concluding that costs had been incurred unnecessarily by arguments that lack substantial merit Judge Joyce noted that the c...