Search Results

1. [2011] NZEmpC 104 Creedy v Commissioner of Police [pdf, 92 KB]

   ...104 ARC 130/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MARK RAYMOND CREEDY Plaintiff AND COMMISSIONER OF POLICE Defendant Hearing: By memoranda of submissions filed on 10 and 30 March 2011 and a hearing on 20 July 2011 (by telephone conference call) Counsel: Alex Hope, counsel for plaintiff Sally McKechnie, counsel for defendant Judgment: 11 August 2011 JUDGMENT OF CHIEF JUDGE G L COLGA...

2. [2010] NZEmpC 57 Smith v Attorney-General for Commissioner Of Police [pdf, 29 KB]

   ...instance trial and there was no opportunity to economise by building on a prior foundation. The defendant also makes the point that he bore the burden of preparing an agreed bundle of documents notwithstanding that responsibility for preparing and filing this was directed to be the plaintiff’s. The defendant likewise prepared the agreed chronology. In addition to the hearing itself which occupied four days, there were three telephone conferences between counsel and the Court an...

3. EMPC Courtroom advocacy essential skills 2 etiquette [pdf, 227 KB]

   ...conference, to enable the Judge to distinguish between the people who are talking. Comply with timetabling orders. Do not assume that the Judge will share your sense of priorities or that an extension will be granted. Take care with the documents you file, and ensure they are accurate and adequately supported. Avoid “smart tactics”, such as bombarding your opposing counsel with numerous last-minute applications. Judges are aware of such tactics and they often rebound.14 Yo...

4. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

   ...sick leave under clause 6.2.5(i) is to be done without distinction as to physiological or psychological illness. Costs [31] These are reserved. Counsel are encouraged to resolve these but if this is not possible the defendant is to file a memorandum as to costs within 28 days of the date of this judgment. The plaintiffs will have 14 days to reply. C M Shaw JUDGE Judgment signed at 10.00am on 30 November 2007

5. [2006] NZEmpC AC 24A/06 Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa & Pipes v Raymond [pdf, 37 KB]

   ...application for costs BETWEEN DESIGNLINK LIMITED T/A RODNEY WAYNE HAIRDRESSING WHANGAPARAOA First Plaintiff AND ANTHONY TERENCE PIPES AND CHERYL PIPES Second Plaintiffs AND BRENDA RAYMOND Defendant Hearing: by memoranda of submissions filed on 26 May, 21, 22, 23 June and 4 July 2006 Judgment: 18 August 2006 COSTS JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The defendant, Brenda Raymond, seeks costs as a result of the Court’s finding in her favour in a judgmen...

6. Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25) [pdf, 110 KB]

   ...audit, trustees’ responses if any and proposals to appoint independent counsel to advice the former responsible trustees. I also direct the former responsible trustees to provide a response to the draft audit report per s 238 of the Act and file this with the Court. Given the proximity of the next hearing it is important that independent counsel is appointed urgently. [12] It should be made plain to the former responsible trustees that, based on the evidence to date, and in...

7. Wikiriwhi v Houpapa - Hurakia Trust (2013) 85 Waiariki MB 107 (85 WAR 107) [pdf, 140 KB]

   ...remove a trustee if the trustee has failed to, or is incapable of, satisfactorily carrying out their duties as trustee. Those sections state: 238 Enforcement of obligations of trust (1) The Court may at any time require any trustee of a trust to file in the Court a written report, and to appear before the Court for questioning on the report, or on any matter relating to the administration of the trust or the performance of his or her duties as a trustee. (2) The Court may at any time...

8. CAC20004 v Singh [2015] NZREADT 89 [pdf, 172 KB]

   ...Estate Agents Act 2008 (“the Act”) such that the defendant’s conduct would reasonably be regarded by agents of good standing, or reasonable members of the public, as disgraceful; and as appearing in the submissions of his counsel (Ms Fisher) filed in support. Strike-out Principles [4] As Ms Fisher note we must proceed on the basis that a charge should be struck out if, after accepting that the facts are as alleged by the complainant, there is still no case to answer: AG v Princ...

9. Eru v Kīngi - Whakapoungakau 24 (2014) 101 Waiariki MB 1 (101 WAR 1) [pdf, 126 KB]

   ...notify the owners of the meeting by way of newspaper advertisement and are to include in the agenda reports from the trustees and the election of up to three replacement trustees. Nominations for the trustee vacancies must be made in writing and filed with the Registrar within by noon on 14 August 2014. Voting by way of postal ballot is permissible for any owner who cannot attend the meeting in person and may be lodged with the Registrar until 11 September 2014. The trustees have a...

10. Heta - Taiharuru 4C3B (2014) 88 Taitokerau MB 136 (88 TTK 136) [pdf, 115 KB]

    ...arrangement it may be preferable for each of the five groupings of owners to hold their interests in separate whanau trusts. [69] Mr Coutts will no doubt need to meet with the owners to discuss these matters. In the circumstances, I direct that he file a memorandum addressing these issues by 28 February 2011. 1 Heta – Taiharuru 4C3B Block (2010) 13 Taitokerau MB 203 (13 TTK 203). 2 Ibid. 88 Taitokerau MB 138 [70]...