Search Results

1. [2019] NZEmpC 174 Clearkin v Geneva Healthcare Ltd [pdf, 194 KB]

   ...parties entered into an agreement settling all claims Bronwyn Clearkin had against Geneva Healthcare Ltd (GHL) on the basis of a statement of claim she had previously placed before the Court raising a challenge. [2] Some months later, Ms Clearkin filed a document stating that she now wished to claim penalties for failure to maintain wage records and client rosters together with interest; compensation in respect of false allegations made against her; associated fees and Court cost...

2. 2021-12-08 Record of TC - PC1 & PC8 - re Part A, G, H & Chapter 7 (Landfills) [pdf, 189 KB]

   ...the evidence timetable and to what extent a hearing on the Part A discharge policies is required. [4] I subsequently directed that a telephone conference be set down for 8 December 2021 at 9 am. [5] On 2 December 2021 counsel for the applicant filed a memorandum providing an update on PC8 Part H and PC1 Chapter 7 (Landfills). The memorandum advised that as a result of the mediation, agreement had been reached between the parties in attendance at mediation in relation to all of th...

3. [2023] NZEmpC 135 MGK Homes Ltd v Yoon [pdf, 162 KB]

   ...The company is also negotiating with a potential investor. 4 MGK Homes Ltd v Yoon [2023] NZEmpC 22 at [28]. [6] The grounds on which the defendant opposes the adjournment are: (a) The application was made too late, having been formally filed 11 days (or six working days) prior to the hearing. (b) As a result, if the leave sought is granted, it will unduly prejudice the defendant, her counsel and a third party (mutually appointed interpreter) where all of them have made...

4. BG v TQ Ltd [2023] NZDT 145 (3 July 2023) [pdf, 175 KB]

   ...of 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. NK v ND [2023] NZDT 754 (7 December 2023) [pdf, 183 KB]

   ...making the original claim NK RESPONDENT person or organisation originally claimed against ND Result of application for rehearing: Rehearing Refused The Order of 5 September 2023 stands. Reasons for decision: 1. NK filed a rehearing application on 28 September 2023, dated 22 September 2023, saying he was not informed of the hearing date and had to do the hearing in his car without his notes or documents relating to the case and because of this there was...

6. BU v B Ltd [2024] NZDT 18 (30 January 2024) [pdf, 178 KB]

   ...during the hearing process. A rehearing is not an opportunity to perfect a case when there was evidence available to a party which could have been brought to the referee’s attention during the initial hearing, but was not. 5. Having read the file and carefully considered the parties arguments, I find no reason why a rehearing should be ordered in this instance. Therefore, B Ltd’s application for a rehearing is refused, and referee Jadurum’s order stands. Refer...

7. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...hours’ work prior to Christmas digging a trench, putting in a post and burying some electric cable. He said he would return in January to complete the job, but has never returned despite the consumer’s efforts to chase him up. 2. The consumer filed a claim in March 2023 for $4,990.00 by way of a refund and damages, and has since had the work done by another supplier. 3. The supplier did not attend the hearing or present any defence to the claim. The absence of a party does not preve...

8. [2024] NZEnvC 113 Hiestand v Auckland Council [pdf, 191 KB]

   ...contravention of s 9(3) of the Resource Management Act 1991 (RMA) and a rule in the Auckland Unitary Plan (Operative in Part) (AUP(OP)), namely Activity Table H3.4.1(A34) and Standard H3.6.8. Application for waiver of time [3] The timeframe for filing an appeal against the Abatement Notice expired on 5 March 2024. Accordingly, Mr Hiestand has applied for a waiver of time within which to lodge his appeal. He contends that: (a) While the Abatement Notice is dated 13th February 202...

9. Steenson v Ōtakanini Tōpū Incorporation - Ōtakanini Tōpū Incorporation (2025) 285 Taitokerau MB 197 (285 TTK 197) [pdf, 210 KB]

   ...Taitokerau MB 199 [7] The applicant sought a judicial conference pursuant to s 67 of the Act seeking orders that the Court require the Incorporation to pay for legal costs that had been incurred by the applicant in a separate employment matter filed by her in a different jurisdiction for which the applicant had incurred costs. She also seeks: (a) orders that the Incorporation’s committee of management policies and processes amount to bullying and harassment; (b) orders that...

10. EC v U Ltd [2024] NZDT 825 (13 December 2024) [pdf, 199 KB]

    ...Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Please also note that you cannot appeal a rehearing outcome, only the original decision itself. As a result, any appeal filed at the conclusion of the rehearing process would be out of time, involves a further application for leave to appeal and is at risk of not being accepted. If you wish to reserve a right of appeal you may therefore wish to file an appea...