Search Results

1. [2006] NZEmpC WC 21/06 Greening v About Demolition & Contracting (2003) Ltd [pdf, 24 KB]

   ...[1] This is a challenge to an award of costs against Ms Greening made by the Employment Relations Authority following the dismissal of her personal grievance. The challenge has been dealt with on the papers. The parties’ representatives filed written submissions. [2] Both parties were unsuccessful in their claims to the Authority. The company had initiated the proceedings, claiming that Ms Greening was in breach of her employment contract by acting in breach of her oblig...

2. [2007] NZEmpC AC 53A/07 Hansells (NZ) Ltd v Ma [pdf, 21 KB]

   ...JUDMENT OF JUDGE B S TRAVIS [1] In the substantive decision I resolved the dispute in favour of the plaintiff and set aside an award of the Employment Relations Authority. Costs were reserved. They have not been agreed and memoranda have been filed. [2] Mr Towner for the plaintiff sought costs in the Employment Relations Authority as well as the Court. He observed that neither party had sought costs following the Authority’s determination and therefore no costs determinati...

3. [2015] NZEmpC 174 McIvor v Saad costs [pdf, 98 KB]

   ...challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN GARY MCIVOR (ALI) Plaintiff AND SAMIR SAAD Defendant Hearing: By memoranda of submissions filed on 31 August and 10 September 2015 Appearances: M Moncur, advocate for plaintiff T Mukusha, counsel for defendant Judgment: 2 October 2015 COSTS JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The successful pla...

4. CAC20026 v Mr X [2012] NZREADT 76 [pdf, 93 KB]

   ...arrange a telephone conference for us to set a timetable towards a fixture.” Present Stance of the Parties [3] Accordingly, the substantive prosecution was set down for hearing in February 2013. However, a joint memorandum of counsel has been filed with the registry on 10 December 2012 and reads as follows: “Joint memorandum of counsel 1.1 The complainant in this matter lives overseas. The complainant is not willing to participate further in this proceeding. 1.2 Th...

5. [2014] NZEmpC 72 Ryan v Bryan [pdf, 62 KB]

   ...OF CHIEF JUDGE G L COLGAN [1] There are two interlocutory decisions to be made in respect of this case, the background to which is set out in the Court’s first interlocutory judgment issued on 2 April 2014. 1 [2] The first application filed in time is the plaintiff’s for a stay of execution of the Employment Relations Authority’s determination. 2 An interim order was made urgently on 2 April 2014 staying, for the time being, execution of the Authority’s determinati...

6. ENVC Hearing 6Oct14 DM local Kirstabel Wichers [pdf, 83 KB]

   ...occasions. 4. Because of this I am familiar with the parking situation at Matiatia and am able to comment upon my own experiences of this as a commuter. 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 possibl...

7. [2014] NZEmpC 232 Kenmare v Fulton Hogan Ltd costs [pdf, 57 KB]

   ...would cause a degree of hardship which is excessive or disproportionate that the interests of the unsuccessful party must be recognised by reducing the award which would otherwise be appropriate. [9] I am satisfied that the affidavit evidence filed by Mr Kenmare confirms that he has a modest income, few assets and significant debt. Bank statements placed before the Court support that conclusion. [10] The Court has to balance those factors against the fact that Mr Kenmare brough...

8. You & your lawyer [pdf, 199 KB]

   ...conduct and client care for lawyers. Will my information be kept confidential? The PDS will keep all information about you and your case confidential, even once we stop representing you, unless you tell us to tell someone else. We will destroy your file seven years after we stop working with you. There may be rare occasions when we are required by law or the Rules of conduct and client care for lawyers to disclose the information. Can I stop using the PDS service? You can end our serv...

9. ACU Ltd v ZXG Ltd and ZXF [2013] NZDT 210 (19 August 2013) [pdf, 73 KB]

   ...outstanding pursuant to the deed of Loan and Security Agreement, given that the vehicle had been given an estimated value of $7,000.00 in February 2013. [26] I accept the evidence provided by ACU Ltd that that the amount outstanding as at the date of filing this claim was $6806.27. [27] Therefore, in answer to the second question outlined in paragraph 23 above, I find that ZXF is liable for that amount, that being ACU Ltd’s proven loss. Is ZXG Ltd liable? [28] At the...

10. AFY and AFZ v ZVX and ZVW [2013] NZDT 89 (25 June 2013) [pdf, 59 KB]

    ...being the time before the paint finish failed). That time frame is uncertain and there has been evidence that some of the paint finish was unsatisfactory upon completion of the painting contract back in 2008. [17] AFY and AFZ have filed a claim for $7,357.50, being the original cost of the painting contract. I am satisfied that this sum should be refunded in full. This sum is approximately 50% of the cost of repainting the house. It can be argued that this sum accoun...