Search Results

1. [2020] NZEmpC 145 Horton v ST & CJ Bell Ltd [pdf, 196 KB]

   ...evidence was an expression of confidence by Ms Moffat that, if Mr Horton’s claim fails, they would be able to meet any reasonable costs order from their combined resources. [16] Against that comprehensive response, a further affidavit was filed on behalf of Bell. In this further affidavit an explanation was provided for wrongly concluding that Mr Horton did not own property. It went on to comment that inquiries were being made of Mr Horton’s counsel as to the value of the...

2. ORC PC7 Hearing Schedule - 26.05.2021 [pdf, 149 KB]

   ...Tom de Pelsemaeker Sally Dicey Ben Farrell Stephanie Styles Sandra McIntyre Others (TBC) Objective drafting, stranded assets JWS ORC MFE DOC Trustpower OWRUG McArthur Ridge & Ors Court ORC *NB: Counsel have signalled they may file a memo requesting submissions on scope and relief be addressed in closings rather than a separate topic. Philip Maw Submissions on Scope of Submissions & Relief Sought Legal Submissions (30min) Court (15min) MFE Rosemary Dixon S...

3. 2021-05-27 Notice of Witness Conferencing [pdf, 197 KB]

   ...set out as succinctly as the circumstances allow. The Joint Witness Statement should be completed, signed and dated on completion of the conference or by such other date directed by the facilitator. Counsel for the Otago Regional Council is to file and serve the finalised Joint Witness Statement on receipt from the Conference and arrange for its circulation to the parties and the facilitator forthwith. Participants are to be advised by counsel that expert witness conferencing is...

4. [2020] NZEmpC 47 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 337 KB]

   ...from 1 August 2019. The previous daily rate was $2,230. [10] Most of the steps taken by the Vice-Chancellor occurred before 1 August 2019. Only three of them were taken afterwards; an application for security for costs, supporting affidavit, and filing related submissions. Those steps amount to 1.8 days. At the post-1 August rate the total for them amounts to $4,302. The balance of the calculation is for those steps taken before 1 August, which come to 4.598 days and amounts to...

5. [2020] NZEmpC 56 A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [pdf, 180 KB]

   ...In addition, they have iterated their obligations towards the employees of the companies in liquidation to afford them preferential status in the liquidation pursuant to s 312 and the seventh schedule of the Companies Act 1993. Mr La Hood has filed a copy of the liquidators’ memorandum. 3 A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [2020] NZEmpC 2. [7] The second matter rel...

6. Maruera v Te Runanga o Ngati Maru (Taranaki) Trust [2018] Māori Appellate Court MB 552 (2018 APPEAL 552) [pdf, 217 KB]

   ...that a court should be slow to revisit its own mistaken decisions where other reasonable avenues exist. The Chief Judge’s powers in ss 44 and 45 are such an avenue. Kupu whakatau - Decision [10] We dismiss the appeal. [11] Counsel are to file memoranda within 14 days of decision as to costs Pronounced at 5.00pm in Wellington this 9th day of November 2018. C M Wainwright C T Coxhead M J Doogan JUDGE JUDGE JUDGE

7. [2018] NZLCDT 28 Central Standards Committee 3 v Meyrick [pdf, 256 KB]

   ...event, the respondent appeared at the hearing. His disrespectful conduct towards the Law Society and the Tribunal at the hearing has been recorded in paragraphs [18], [19] and [20] of our decision on the charges. [10] Counsel for the applicant filed a further submission on 4 April 2018. The submission was made that it was open to the Tribunal to take into account the respondent’s conduct at the hearing in assessing an appropriate penalty. Counsel quoted extensively from the dec...

8. Complaints Assessment Committee 413 v Kumandan [2018] NZREADT 75 [pdf, 151 KB]

   ...$7,500. There will be orders accordingly. [14] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ ___________________ _______________...

9. [2021] NZEmpC 230 Allison v Ceres New Zealand LLC [pdf, 175 KB]

   ...it be for a lesser amount than Ceres claimed. Ms Oberndorfer, Mr Allison’s advocate, accepted that the calculation provided by Ceres complied with the Court’s Guideline Scale. A deduction was sought, however, because it included a step for filing an interlocutory application for the defendant’s witness, David McIntyre, to give evidence by AVL. The reason for requesting that reduction was because AVL was necessitated for reasons beyond the control of both parties. Mr McInty...

10. Communication assistance application form [pdf, 1.4 MB]

    ...in charge/prosecutor (for a prosecution witness), or counsel for a participant in the family/civil jurisdiction and you want a judge to approve a communication assistance assessment. Complete this form electronically and email it to the court for filing or submit a paper copy to the court. SECTION 1: Case information Section 1 is to be completed by the person making the application (for example lawyer). Name of person making application: Role: Phone Number: Case number: Location of...