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1. [2021] NZEmpC 158 HR Processing 2008 Ltd [pdf, 218 KB]

   ...2021, I resolved two interlocutory applications in favour of Mr Brett Arthur, and against his former employer, now known as HR Processing 2008 Ltd (in liquidation) (HRP).1 [2] The first related to his application for leave to extend the time for filing a cross-challenge. The second related to the company’s application for stay of the Employment Relations Authority’s orders, the effect of which would have been that the sums the company had been directed to pay would have been...

2. [2022] NZEmpC 189 Carver v Metallic Sweeping (1998) Ltd [pdf, 184 KB]

   ...Metallic and delay the resolution of the case; and (d) Mr Carver has been granted extended time and indulgences to file a complying pleading but has not done so. Mr Carver’s application [9] Mr Carver opposed the application and in response filed an “application for leave”. At first blush that application sought an order authorising him to begin a fresh proceeding against Metallic arising from his subsequent employment by that company. That impression arose because, in an...

3. IQ Ltd & Ors v ND Ltd [2023] NZDT 638 (11 October 2023) [pdf, 101 KB]

   ...638 APPLICANT APPLICANT (joined) APPLICANT (joined) IQ Ltd DF US RESPONDENT ND Ltd The Tribunal hereby orders: The claim is struck out for lack of jurisdiction. Reasons: 1. IQ Ltd (herein Owners) filed this claim against ND Ltd on behalf of 2 of its members, US and DF, seeking a refund of $9,474.25 they jointly paid to ND Ltd for SUIP rates, whom Owners assert were coerced by ND Ltd to pay or the sale of their lot would be blocked. 2....

4. DN v B Ltd [2024] NZDT 248 (4 April 2024) [pdf, 180 KB]

   ...the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

5. [2025] NZEmpC 24 Cunningham v healthAlliance NZ [pdf, 157 KB]

   ...3 Regulation 47. [6] Mr Upton, counsel for healthAlliance, submitted that a verification order should not be made because healthAlliance has made reasonable attempts to find the relevant documents. He indicated that it was willing to file affidavits which would have the same effect as an affidavit required by a verification order. Further, he submitted that if healthAlliance files such an affidavit, a verification order would simply duplicate that affidavit. [7] After...

6. Walters v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 168 (22 October 2024) [pdf, 207 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: S Gill for the Appellant J Castle for the Respondent Date of Judgment: 22 October 2024 JUDGMENT OF JUDGE P R SPILLER [Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001] Introduction [1] The appeal in the above matter was lodged by Mr Walters on 28 September 2024. The appeal is from the decision of a Reviewer dated 24 May...

7. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...2015 (Heard at Auckland) Appearances: Y Scarborough, in person D France and S Worthy, counsel for defendant Judgment: 31 July 2015 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Ms Scarborough, the plaintiff, has filed an application for rehearing of proceedings she filed by way of challenge to a determination of the Employment Relations Authority (the Authority). 1 Ms Scarborough’s challenge was heard on 16 February 2015 and a judgment was issu...

8. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...Judgment: 31 August 2015 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] On 6 May 2015 I issued an oral decision removing James Hutcheson as a trustee of Mangamaire B13A Trust. 1 This decision deals with a similar application, filed by Helen McGregor and Charlene Tipu on 29 March 2015, for the removal of Mr Hutcheson from Porangahau 1B4’O’2 Trust. [2] The application was heard together with the Mangamaire B13A Trust removal proceedings on 6 May 2015. 2 They

9. AG & AH v BG & BH LCRO 52 / 2012 (19 July 2013) [pdf, 114 KB]

   ...of letter dated 11 April, which was then sent to BAB on 15 April 2011. [15] On the same day (15 April 2011), the Legal Standards Officer wrote to Mr ZC, who was the then Convenor of the Committee. That letter said:3 I enclose a copy of my small file in this matter. Unless I am reading it incorrectly, this complaint concerns costs only but covers a number of factors that give rise to the composition and structure of those bills of cost. Both are under the statutory limit and pro...

10. Hawke v ACC [2012] NZACA 10 [pdf, 375 KB]

    ...Corporation to decline a claim if its lateness prejudices the Corporation in its ability to make a decision. Costs were awarded under the Regulations and appeal rights were given to the District Court. [9] On 8 February 2006, a notice of appeal was filed with the District Court and on 12 April 2007, the appeal was withdrawn at the appellant's request. [10] On 12 March 2010, after consultation with the Corporation, the Authority issued a practice note concerning, inter alia, the jur...