Search Results

1. [2013] NZEmpC 99 Aviation & Marine Engineers Association v Air New Zealand [pdf, 81 KB]

   ...AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INC Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 29, 30 and 31 January, 1, 4, 5, 7, 8 and 22 February and 7 March 2013 (Heard at Auckland) and by memorandum filed on 28 March 2013 Appearances: Jim Roberts and Jodi Clark, counsel for plaintiffs Andrew Caisley, counsel for defendant Judgment: 4 June 2013 INTERIM JUDGMENT OF CHIEF JUDGE G L COLGAN A Line maint...

2. Tucker v CAC 20006 & Claydon - Penalty Decision [2012] NZREADT 64 [pdf, 23 KB]

   ...this was not a similar case to CAC v Hume and there was no need for a penalty to be imposed as a warning or deterrent to the industry He submitted that Ms Claydon’s financial position could not support the imposition of large fine and offered to file further submissions on this point. He finally submitted that censure would be unnecessary and an apology was not necessary as there had been no complaint by the vendor. He submitted that the appropriate penalty imposed should be a dete...

3. [2015] NZEmpC 183 Air NZ Ltd v NZALPA and ARC 6-14 Air NZ Ltd v NZALPA no 2 interlocutory [pdf, 121 KB]

   ...MATTER OF an application for stay of proceedings and execution AND BETWEEN AIR NEW ZEALAND LIMITED Plaintiff AND NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED Defendant Hearing: by joint memorandum filed on 15 October 2015 Appearances: RE Harrison QC and R McCabe, counsel for NZALPA PA Caisley, counsel for Air New Zealand Limited Judgment: 16 October 2015 INTERLOCUTORY JUDGMENT (NO 2) OF CHIEF JUDGE G L COLGAN...

4. [2016] NZEmpC 10 Fredericks v VIP Frames and Trusses Ltd [pdf, 79 KB]

   ...a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN LYNDON FREDERICKS Plaintiff AND VIP FRAMES AND TRUSSES LIMITED Defendant Hearing: By memoranda filed by the plaintiff on 8 December 2015 and by the defendant on 23 December 2015 Appearances: D Beck, D Mills-Godinet and R Boulton, counsel for plaintiff A Toohey, counsel for defendant Judgment: 16 February 2016...

5. ENVC Hearing 6Oct14 DM local David Waters [pdf, 81 KB]

   ...experience of the safe haven of Matiatia Bay during storms and considerable experience in the safety aspects of both sides of the waterway of Matiatia Bay. SCOPE OF EVIDENCE 5. I made a submission opposing the proposed marina at Matiatia and I then filed notice to join in these proceedings as a section 274 party. 6. Subsequently I agreed to become a section 274 party represented by Direction Matiatia Incorporated (DMI). I give this, my evidence, for DMI. 7. As far as poss...

6. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 47 KB]

   ...position to determine why the computer failed yet again. It is merely drawing a likely conclusion, not necessarily an accurate one. [10] I accept the evidence of the Applicant that she has some knowledge of computers and that she did not delete files as alleged. Further, I am satisfied that she had adequately protected the computer from outside viruses. It is more likely to me that this computer failed four times because of some serious but as yet undiagnosed fault. I do not...

7. AFK v ZUL [2013] NZDT 347 (4 September 2013) [pdf, 57 KB]

   ...shoulder the other way as she reversed, as she was expecting any cars going past her to be coming from the other direction. [2] The damage to AFK’s car cost $1,650.00 to repair. The damage to ZUL’s trailer cost $517.50 to repair. Each filed a claim against the other for their loss. Issues [3] Each party had a duty to the other to enter and exit the car park with reasonable care. There was no dispute over costs. However, each considered that the other was responsib...

8. [2013] NZEmpC 231 Pyne Gould Corp Ltd v West [pdf, 23 KB]

   ...supported only by the subjective and generalised view of Mr Mogridge. His concerns have been effectively answered by the defendant. [7] A factor of considerable importance was, however, drawn to the attention of the Court yesterday in a memorandum filed by Ms Ryder. On 14 November 2013, the plaintiff announced to the New Zealand Stock Exchange that it intends to move its operations to Guernsey in the near future. The announcement records that the plaintiff “does not have any...

9. [2013] NZEmpC 218 Cross v Onerahi Hotel Ltd [pdf, 68 KB]

   ...hearing is set down for three days in Whangarei, commencing on 11 December 2013 (now less than two weeks away). [3] The defendant has applied for an adjournment of the hearing. A parallel application by the defendant for an extension of time to file and serve its briefs of 1 [2013] NZERA Auckland 104. evidence was granted by consent. The application for an adjournment is advanced on the grounds that two of the defendant’...

10. AGD Ltd v ZVT Ltd and ZVS [2014] NZDT 394 (23 January 2014) [pdf, 74 KB]

    ...s 43 of the Disputes Tribunals Act 1988 or in contract by way of offer and acceptance of the terms and conditions. [11] The requirements of s 43 of the Act are not made out: The claim was not frivolous or vexatious; the claim was properly filed in the Disputes Tribunal; and neither party had unnecessarily prolonged the proceedings. [12] As to any claim in contract, Mr QI believed he had emailed a copy of AGD Ltd’s terms and conditions to ZVT Ltd. However, ZVS stated he ha...