Search Results

1. [2022] NZEmpC 81 Honeybunch Pure Naturals NZ Ltd v Niekerk [pdf, 164 KB]

   ...to pay Ms van Niekerk $146 gross as arears of wages. Costs were reserved. A counterclaim by Honeybunch and Ms Jolly was unsuccessful. [4] Honeybunch is dissatisfied with the outcome of the determination. It has made more than one attempt to file a challenge to that determination but each has suffered from difficulties. The first statement of claim was filed in November 2021. It did not comply with the Employment Court Regulations 2000. In particular it did not identify the a...

2. [2022] NZACC 181 — ONeill v ACC (20 September 2022) [pdf, 184 KB]

   ...Submissions: The Appellant is self-represented B Johns for the Respondent Judgment: 20 September 2022 JUDGMENT OF JUDGE P R SPILLER [Leave to appeal to the High Court, s 162 Accident Compensation Act 2001] Introduction [1] Mr O’Neill has filed a late application for leave to appeal a judgment of Judge C J McGuire dated 4 July 2022.1 The primary issue in the appeal was whether the reviewers were wrong to find that there were no reviewable decisions in respect of revi...

3. Stewart v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 21 [pdf, 144 KB]

   ...counsel for the Corporation wrote to Ms Koloni offering the payment of $920.75. On 6 December 2022, Ms Koloni replied by asking counsel to provide a copy of the contract her company had with counsel. On 15 December 2022, counsel for the Corporation filed a memorandum with the Court submitting that Ms Stewart could be entitled to an award of costs of up to $920.75. [3] On 19 December 2022, the Court directed as follows. Ms Stewart or Ms Koloni will file a memorandum as to costs...

4. Form 18 Interlocutory Application without Notice [docx, 55 KB]

   ...proceeding. This template is for an interlocutory application without notice (which means the other party/parties are not given the opportunity to oppose the application). If necessary you may file an affidavit in support of your application. This must be filed and served at the same time as the application. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked with red text. The red text...

5. N Ltd v TT [2023] NZDT 224 (16 May 2023) [pdf, 91 KB]

   ...The reasons for the existence of this rule are: a. Public policy - that is it is in the interests of the public and the state that there should be an end to litigation; and b. It would create hardship on the individual if proceedings can be filed against that person twice on the same matter. 6. In order to be successful in a claim of res judicata or estoppel, the following elements must be established: CI0301_CIV_DCDT_Order Page 2 of 3 a. The decision relied on must be...

6. Horan - Hiwarau C (2015) 118 Waiariki MB 25 (118 WAR 25) [pdf, 180 KB]

   ...to facilitate the effective operation, development and utilisation of the land. I also indicated that I would need evidence on the current state of the Hiwarau C Trust. Those directions are reproduced as follows: 2 [49] The Trustees are to file a full report under s 238 within six months of this decision setting out the information the Court needs as outlined above at paragraph 47. [50] The applicant, working with the Deputy Registrar, must provide to the Court a list of owners...

7. Keenan – The Estate of Patricia June Graham (2015) 45 Takitimu MB 212 (45 TKT 212) [pdf, 267 KB]

   ...Mauriohooho Whānau Trust was incorrectly included as a successor. The applicant says that neither herself nor her siblings were not notified of that hearing, even though they claim an interest in the succession. [2] The application for rehearing was filed on 17 September 2015 and a hearing held on 3 November 2015. 1 At the conclusion I confirmed that a written decision would issue in due course. [3] The issue for determination is whether a rehearing should be granted....

8. [2013] NZEmpC 98 Brake v Grace Team Accounting Ltd [pdf, 79 KB]

   ...108/10 IN THE MATTER OF a challenge to determination of the Employment Relations Authority BETWEEN JUDITH BRAKE Plaintiff AND GRACE TEAM ACCOUNTING LIMITED Defendant Hearing: 28 and 29 May 2013 Memoranda filed on 20, 24, 27, 28 and 31 May 2013 Appearances: Warwick Reid, advocate for plaintiff Garry Pollak, counsel for defendant Judgment: 4 June 2013 COSTS JUDGMENT OF JUDGE B S TRAVIS [1] At the conclusion...

9. GN v TS LCRO 71 / 2011 (24 November 2011) [pdf, 96 KB]

   ...personally answer for her conduct, but in the event, M was not required to give evidence in that proceeding. Nor, it appears, were professional conduct issues pleaded as part of that proceeding. [6] In 2009 the Applicant, then self-represented, filed proceedings in the District Court, naming M as the first defendant and ACQ Insurance as the second defendant. The Practitioner again represented both respondents and filed a strike-out application on the basis that the Applicant‟s Cl...

10. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

    ...challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for security for costs AND BETWEEN JAG RAWAT Plaintiff AND SURENDER SINGH Defendant Hearing: On the papers filed on 6, 7 and 26 April; 3 and 16 June 2016 Appearances: P Swarbrick, counsel for Deepak Khurana A Gallie, counsel for Jag Rawat S Laurent, counsel for defendant Judgment: 20 July 2016 INTERLOCUTORY JUDGM...