Search Results

1. [2010] NZEmpC 131 Rooney Earthmoving Ltd v McTague & Ors [pdf, 25 KB]

   ...to an embargo of the documents produced as part of the discovery process being made available to any person other than the solicitors and counsel in this case and the financial experts. [5] Ms Shakespeare, on behalf of the second defendant, had filed a memorandum on 15 September advising the Court that although her client opposed the application for further and better discovery, due to costs constraints he did not wish to make an appearance at the telephone conference. Ms Shakespe...

2. [2012] NZEmpC 93 Marshment v Shaeppard Industries Ltd [pdf, 74 KB]

   ...to that I agree that the plaintiff should be entitled to costs in the Authority of 11 Allan v Ogilvy Wellington Ltd WA50/09, 24 April 2009. $1,750 and to his disbursement being the $200 court filing fee. So, in total, the defendant is directed to pay to the plaintiff costs and disbursements of $9,450. GL Colgan Chief Judge Judgment signed at 9.30 am on Thursday 14 June 2012

3. [2012] NZEmpC 27 Taylor v Milburn Lime Ltd [pdf, 76 KB]

   ...the defendant Judgment: 22 February 2012 COSTS JUDGMENT OF JUDGE A A COUCH [1] In my substantive decision, 1 I concluded by encouraging the parties to agree costs if possible. They have been unable to do so and memoranda have been filed. Costs in the Court [2] The principles usually applied when exercising the Court’s discretion to award costs are well known. I summarised them in an earlier decision 2 as follows: The fundamental purpose of an award of costs is to...

4. [2008] NZEmpC AC 39/08 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 26 KB]

   ...or, alternatively, and as a fall-back position, for the period from 25 July 2002 (the date of the Calderbank offer) to 11 July 2003, being the conclusion of proceedings in the Authority. [6] The plaintiffs’ proceedings were commenced with the filing of their statement of problem on 11 December 2001 that were concluded in the Authority on 11 July 2003. The Authority’s investigation meeting began on 16 August and continued on 2 September and 21 October 2002. Written submissions...

5. [2007] NZEmpC AC 15/07 Gates v Air New Zealand Ltd [pdf, 35 KB]

   ...adjournment of the earlier trial date in July 2005 are set out in the Chief Judge’s decision and arose because of the defendant’s need for time to address the new matters raised by the plaintiff, the need for an amended statement of claim to be filed by the plaintiff, the underestimate of the length of the fixture and the plaintiff’s pursuance of her legal aid application. There may also have been some outstanding issues of disclosure. [7] Again whilst it may be possible to...

6. [2012] NZEmpC 213 Turner v Talleys' Group Ltd [pdf, 101 KB]

   ...have the Court deal with these questions on the papers without a hearing. Witnesses were not called for cross-examination and counsel have made their submissions by memoranda. [2] By a minute issued on 14 November 2012 I set a timetable for the filing of submissions on these two interlocutory matters which has been adhered to by counsel. I indicated that any telephone conference call hearing which either party might seek could be heard in the week commencing 10 December 2012 but n...

7. CAC 10043 v Brooker [2011] NZREADT 24 [pdf, 91 KB]

   ...to admit as evidence three hearsay documents: (a) A letter of complaint from Mr Baird and Ms Grigg dated 19 April 2010; (b) An affidavit of Shaun Miller. Mr Miller was a senior investigator with the REAA and attached to his affidavit was a file note made on 29 June 2010 of a telephone conversation with Mr Baird in which he put to him the response from Ms Brooker to his complaint. Mr Miller recorded Mr Baird’s comments in a job sheet. (c) The affidavit of Gay Michelle Grigg....

8. Environment Court annual report 2004 [pdf, 166 KB]

   ...engender enhanced efficiencies as a range of quasi-judicial powers are conferred upon the Registrar and Deputy Registrars of the Court. 2.3 Review of Civil Fees On 1 June 2004, the Minister for Courts announced proposed changes to the fees payable for filing proceedings with Courts and some Tribunals, including the Environment Court. For the first time, new hearing fees are proposed in the Environment Court. They are proposed to be $440 for the first day of any hearing and $220 per half day...

9. Asad v Patel [2015] NZIACDT 1 (21 January 2015) [pdf, 174 KB]

   ...not respond to the Statement of Complaint due to his previous submission to the Registrar is unimpressive. The Statement of Complaint set out reasons why the findings the Tribunal made were potentially open. It is obvious the Registrar prepared and filed the Statement of Complaint, despite Mr Patel’s earlier submission, and gave reasons why the findings eventually made were potentially open to the Tribunal. The circumstances in which a response should be filed were also set out. The Trib...

10. [2013] NZEmpC 159 2013 Lin v Zhou [pdf, 71 KB]

    ...opportunity to do so, why she has failed to take any steps whatsoever to comply with the Authority’s orders. It may be that she faces financial difficulties and this would appear (at first blush) to be supported by a statement of means that was filed in the District Court in the context of the enforcement action taken against her. However the statement of means records the defendant’s sole income as being a benefit. It appears from subsequent correspondence from the Ministry...