Search Results

1. [2010] NZEmpC 149 Radius Residential Care Ltd v McLeay [pdf, 71 KB]

   ...case.” In her evidence, however, in relation to the same point, the defendant stated: “Items that were written on the Integrated Progress Notes that do not appear on Outlook were noted either on the referral sheets (which were kept in the Aroha file) or my private diary. Ann Bedford never requested this evidence at any time. As I was not able to return to the office after my dismissal, I was not able to gather the referral sheets from the file.” [21] That is a summary of th...

2. [2015] NZEmpC 166 Able Owl XL Ltd v Gladden [pdf, 195 KB]

   ...claim is being made. Such a claim was made in the proceedings before the Authority and was clearly covered in the evidence of Mr Paul Oulton given in Court on behalf of Able Owl as its sole director and shareholder. [4] The statement of defence filed by Mr Gladden (representing himself) does not strictly comply with the requirements specified in the Employment Court Regulations 2000 (the Regulations). Nevertheless, no objection has been taken to its form. It contained sufficien...

3. Welsh - Taiharuru 4C3 (2012) 2012 Chief Judges MB 398 (2012 CJ 398) [pdf, 178 KB]

   ...Whangarei MB 252-270 (Heard at Heard at Whangarei) Judgment: 20 September 2012 DECISION OF CHIEF JUDGE W W ISAAC 2012 Chief Judge’s MB 399 Introduction [1] On 31 August 2001 Rhona Rochelle Beverly Welsh (‘the applicant’) filed an application under s 45 of Te Ture Whenua Māori Act 1993 (‘the Act’), seeking to cancel the orders of the Court made on 28 April 1995. 1 Those orders transferred 5.0 shares out of a total of 216.666 in Taiharuru 4C3 from Milt...

4. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...7 Employment Relations Act 2000, s 238. [59] Costs on the substantive challenge are reserved. If the parties cannot otherwise agree costs they may be the subject of an exchange of memoranda, with WDL filing and serving within 30 days from the date of this judgment and Mrs Hill filing and serving within a further 20 days. Any reply must be made within a further 5 working days. Christina Inglis Judge Judgment signed at 12.3...

5. Tahata v Tahata- Ngāwhakatutu A1A Incorporation (2014) 37 Tairawhiti MB 217 (37 TRW 217) [pdf, 283 KB]

   ...has control of the Incorporation as Chairman. 2. Ben Tahata has not taken any responsibility for his part in the serious financial situation that the Incorporation was in recently. Under his watch as Chairman: A) The committee failed to file with the Court in a timely manner, proper Reports and Financial Statements of the Incorporation for 2008, 2009 & 2010. B) A committee of management member misappropriated Incorporation funds and avoided payment of the debt until he...

6. Waikato Bay of Plenty Standards Committee v A [2014] NZLCDT 77 [pdf, 581 KB]

   ...first realised what a waiver was. 8 The practitioner’s evidence [29] The practitioner swore an affidavit in reply dated 26th May 2014 in which he made the following points: (a) Mrs X’s then husband uplifted all of his firm’s files in respect of the X Y development in May 2008 which has consequently made it difficult for him to recall events after some six to eight years of their happening. (b) He has been able to rely on his actual memory of some events and to...

7. Piontecki v REAA & Davies [2014] NZREADT 61 [pdf, 71 KB]

   ...of the risk that the property would be affected by the proposed motorway. He found all defendants (including the licensee) jointly and severally liable to pay the Pionteckis $35,000 plus an award towards costs. [8] The Pionteckis subsequently filed a complaint with the Real Estate Agent's Authority which stated: "The complainants' issues with the agents conduct are that she knowingly did not give them full information and as a result they were misled and subsequently...

8. Austell v Somerset LCRO 76 / 2009 (2 September 2009) [pdf, 113 KB]

   ...enclosed the forms previously submitted to the Auckland District Law society (request for fees review and request for complaint investigation), a five page letter of Ms Somerset dated 18 August 2008 outlining her grievances and a copy of an affidavit filed in Court by Mr Austell (in an action to recover fees) with hand-written notations on it that was particularly objected to by Ms Somerset. The letter from the Law Society stated that its purpose was to notify Mr Austell of the comp...

9. Langdon v ACC [2014] NZACA 9 [pdf, 71 KB]

   ...alternative accommodation while on shore. ACC was therefore unable to determine the value of any of the allowances and they could not be included in Mr Langdon’s relevant earnings. [7] The right of appeal was given to the District Court and Mr Langdon filed a number of interconnected appeals in the District Court in 2006 and 2007. In November 2007, as part of a general administrative review of the appeals when Mr Langdon had legal representation, some appeals were withdrawn, some we...

10. Apatu v Trustees of Owhaoko C Trust - Owhaoko C 1 and C 2 [2010] 2010 Maori Appellate Court MB 34 (2010 APPEAL 34) [pdf, 116 KB]

    ...situated at the headwaters of 2010 Maori Appellate Court MB 35 the Ngaruroro River, south of Taupo and east of Taihape. The appellant Mr Ashley Apatu is an owner in two of those blocks being Owhaoko C1 and C2. [2] On 15 May 2008 Mr Apatu filed an injunction application with the Māori Land Court seeking to restrain the respondents in a number of ways. On 18 July 2008 Mr Apatu together with another beneficial owner Mr Rangi Karaitiana filed an application seeking: an injun...