Search Results

1. [2010] NZEmpC 83 Ah Ching & 40 Ors v Westpac N Z Ltd [pdf, 47 KB]

   ...whether the costs should lie where they fall. However, in respect of costs arising from the determination (if they are to be pursued) and costs in this Court, the issue of costs in its entirety is reserved. Mr Cranney has 14 days in which to file a memorandum as to any costs sought and Mr Rooney shall have a further 14 days thereafter to file a memorandum in reply. I shall then make any costs ruling sought on the basis of that documentation filed. M E Perkins JUDGE Jud...

2. [2009] NZEmpC WC 18B/09 NZ Fire Service Commission v NZ Professional Firefighters Union and others [pdf, 43 KB]

   ...phone communication with a view to having the allegedly unlawful strike action suspended forthwith. [2] The following are my reasons for issuing those injunctions. I note at the outset that there was a conflict of evidence between the affidavits filed on behalf of the plaintiff and those filed on behalf of the defendants. Such conflicts may be resolved by credibility findings and after full disclosure of documents. That is not possible at the point of time when interlocutory mat...

3. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...application) is a challenge to the defendants’ cross-initiation of bargaining. Issues of lawfulness of strike, suspension and lockout are likewise not dealt with by this case, at least at this stage. [7] Earlier today the plaintiffs filed an amended statement of claim in this Court and indicated that they would shortly file proceedings in the Employment Relations Authority and seek to have these removed, urgently, to the Court. For the purpose of this decision, however...

4. Chambers v Tawhiti Blocks Trust - Mangahauini No. 1 Road Line (2013) 31 Tairawhiti MB 165 (31 TRW 165) [pdf, 172 KB]

   ...being located in a remote valley on the northwest side of Waimā Road, Tokomaru Bay, East Coast. The Waitakeo Stream flows through the area to the sea and has created some real erosion issues. Application [2] This matter concerns an application filed under s 316 of Te Ture Whenua Māori Act 1993 for a portion of a roadway to be laid out over Tawhiti 1F1 and other blocks to Mangahauini 1A Sections 55-59 and for an access order to landlocked land. [3] The applicant also sought a...

5. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 KB]

   ...what Mr Ahuja said, and the Tribunal’s findings. The short point is Mr Ahuja blamed his client, to avoid responsibility. He effectively said his client broke into his office and took away the incomplete papers Mr Ahuja had signed, and his client filed the defective papers. He also claimed his clients took a file note from his office, so he could not produce it. Further, he claimed his client had not made a payment; until confronted with his own handwriting, acknowledging the payment. Aft...

6. [2013] NZEmpC 201 MacDonald v Whale Pumps Ltd t/a Denby Caterers [pdf, 98 KB]

   ...AND IN THE MATTER of an application for stay of proceedings BETWEEN SHIRLEY ANNE MACDONALD Plaintiff AND WHALE PUMPS LIMITED T/A DENBY CATERERS Defendant Hearing: By affidavits and memoranda of submissions filed on 25 September, 8 and 14 October, and 4 and 8 November 2013 Representatives: Cor Eckard, counsel for plaintiff Christine Rowe, advocate for defendant Judgment: 12 November 2013 INTERLOCUTORY JUDGMENT OF CHIEF J...

7. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...described as “the entirely fanciful claims that [BHPL] made that she was somehow responsible for the ill health of one of the directors and/or [in] maintaining that her claim amounted to some $70,000.” 4 Reference was also made to a claim filed by BHPL for $20,000 in 4 Nee v Best Health Products Ltd, above n 1 at [4]. compensation for stress allegedly caused by her claim on the directors of the employer. [7] For its...

8. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...trustees. [21] The issue for the Court is whether the election process was sufficiently flawed that the election result should be set aside and a fresh election ordered. Submissions and evidence in opposition to the election result [22] Mr Manning filed an affidavit and made oral submissions. He says the trustees never resolved to retain only five trustees following the resignation of Phillip Smith and subsequently Suzanne Spencer’s death. The three trustee vacancies published in...

9. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...offence for which the licensee has been convicted, being an offence that reflects adversely on the licensee’s fitness to be a licensee.” [3] Since the facts are not in dispute, on 5 October 2012 we made timetabling orders for Mr Cooper to file submissions in relation to the matter and for the Authority to reply. It was agreed to the parties that we would then determine whether a hearing was necessary or whether the matter could be dealt with on the papers. The submissions came...

10. Practice Note: Lawyer for the Child - Selection [pdf, 180 KB]

    ...required. The  consent  forms  should  indicate whether parties wish  to  attend  a hearing or  whether they consent  to the review being conducted without a hearing. The  Judge should  be advised of any dispute when the plan is filed.   7.5   After filing, the plan will be placed before a Judge to consider release of the report and any  other steps to be taken, and whether orders can be made on the papers.   7.6   Th...