Search Results

1. [2012] NZEmpC 80 Premier Events Group and Anor v Beattie and Ors [pdf, 64 KB]

   ...that the claim cannot proceed against it. [5] On 5 October 2011 the solicitors for Messrs Beattie and Regan filed what is entitled a “Second Amended Statement of Claim dated 5 October 2011”. This followed, by only a matter of days, the filing of predecessor documents, a marked up second amended of claim dated 1 October 2011 and, at the same time (on 3 October 2011), an unmarked version of the 1 October 2011 document. [6] The second amended statement of claim of 5 October 20...

2. [2009] NZEmpC AC 7/09 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 22 KB]

   ...the payment of money into Court, which application is opposed by the defendant, who seeks an order dismissing the plaintiff’s challenge. [2] Mr Robert Clifford Hoani Cribb, the director and shareholder of the plaintiff company, has filed an address for service and now wishes to act for the plaintiff. [3] In my oral judgment of 13 October 2008, I recorded that the defendant, Mr Smith, had applied for orders in relation to the alleged failure of the plaintiff company t...

3. [2015] NZEmpC 165 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 86 KB]

   ...statement of claim. This in part is opposed by the defendant AFFCO. One of the amendments sought and which is not opposed, is of an inconsequential nature. It is something which can be attended to at the hearing without the need to formally file a further amended statement of claim. The other amendments sought are quite substantial and seek to introduce as further plaintiffs, in effect, a further 150 or so workers at the defendant’s Wairoa plant. It is claimed that to allow...

4. Manchester Securities Limited [2013] NZWHT Auckland 4 [pdf, 80 KB]

   ...Employment has found the claim eligible as an alteration in relation to work done under the third building consent only. It however concluded that the main construction work is not eligible as the unit was built more than ten years before the claim was filed. [2] Manchester Securities Limited has applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). Mr Cummins, on behalf of Manchester...

5. QA v IZ & Anor LCRO 219/2014 (31 March 2015) [pdf, 37 KB]

   ...for review to the LCRO. The email was sent at 5.01 p.m. [6] By letter dated 23 October 2014 Mr IZ wrote to the LCRO challenging the jurisdiction of the LCRO to review the Standards Committee decision. He submits that the review application was filed out of time. Relevant principles [7] Section 198 of the Lawyers and Conveyancers Act 2006 (the Act) provides: Applications for review Every application for a review under section 193 must— (a) be in the prescribed form; and (...

6. 2020-11-02-Minute-PC7-Specific-Directions.pdf [pdf, 186 KB]

   ...are required to give notice by the time indicated in Attachment A. [23] Unless leave is granted by the court, cross-examination of witnesses by each party is not to exceed 30 minutes. Any application for leave to exceed this limit is to be filed 10 working days before the hearing commences, giving reasons. Directions [24] I direct: (a) PC7 is to be set down for a pre-hearing conference in Dunedin at 10 am on Friday 27 November 2020. A pre-hearing conference notice will i...

7. Power & Anor as Trustees of the AR Power Family Trust [pdf, 85 KB]

   ...Tauranga. Despite accepting that the house is a leaky home, the chief executive of the Department of Building and Housing has concluded that the claim is not an eligible claim because the house was built more than ten years before the claim was filed. The claimants have applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). The Issues [2] The key issues to be determined in this cas...

8. Ormsby v Ormsby - Aorangi B No.1A No. 3 [2018] Maori Appellate Court MB 547 (2018 APPEAL 547) [pdf, 203 KB]

   ...join as appellants Mrs Ormsby’s children.4 With their consent, as confirmed by counsel, we join with Christine Ormsby her three children as appellants, per r 6.14(1)(b) of the Māori Land Court Rules 2011. [4] As foreshadowed, the appeal was filed out of time and before counsel was instructed. In his minute dated 5 September 2018, the Chief Judge, in setting the appeal down for hearing, has implicitly granted leave to appeal out of time.5 Having carefully considered the evid...

9. [2023] NZEnvC 024 Friends of Conical Hill v Hurunui District Council [pdf, 180 KB]

   ...skink. The rough gecko is currently classified under the NZ Threat Classification System as Threatened – Nationally Endangered while the other lizard species are classified as At risk – Declining. [5] Each of the parties in this proceeding have filed evidence on herpetology. The ‘Herpetology Evidence’ are the briefs of evidence filed by the relevant witnesses. The witnesses are: evidence of Dr Shaun Ogilvie dated 16 September 2022; evidence of Dr Mandy Tocher dated 21...

10. BN v O Ltd [2023] NZDT 633 (2 November 2023) [pdf, 180 KB]

    ...the purchase price paid postage. When the sewing machine arrived, it was damaged. It was returned to O Ltd who admitted liability for the damage. 2. BN claims $532.30 as replacement cost for the damaged sewing machine and the Tribunal fees for filing the claim. 3. The issue to be resolved are: 4. Is BN entitled to claim $468.90 as replacement cost for the damaged sewing machine and $63.40 Tribunal fees for filing the claim? Is BN entitled to claim $468.90 as replacement cost for th...