Search Results

1. [2008] NZEmpC CC 12A/08 Clark v Nelson Marlborough Institute of Technology [pdf, 24 KB]

   ...12/08). I found that it had been raised in time and, as the plaintiff had been successful in the challenge, she was entitled to a reasonable contribution to her costs. In the event that they were unable to agree on costs, counsel were invited to file memoranda. [2] Mr Praat filed a memorandum on 6 October 2008. In it, he correctly identified the principles guiding the Court’s jurisdiction to award costs derived from several decisions of the Court of Appeal. Costs will usually...

2. AN v Secretary of Justice 30 January 2013 NZRA 000026 [pdf, 84 KB]

   ...her name and guideline rate for work undertaken by a secondary provider; c. the number of lawyers she was supervising; 4 d. the quality of that supervision; e. allowing non approved lawyers and non-lawyers to undertake work on legal aid files; and f. that referees were ambivalent about her performance. 17. Arising out of those matters, the Secretary imposed the condition 1 as to mentoring referred to above in granting approval as a lead provider in Family. 18. The Appl...

3. [2015] NZEmpC 215 Owen v CE of the Department of Corrections [pdf, 69 KB]

   ...AND IN THE MATTER of special leave to remove proceedings to the Employment Court BETWEEN DEBORAH OWEN Plaintiff AND CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: On the papers filed on 13 June and 16 July 2014 Appearances: B Henry and P Templeton, counsel for plaintiff T Sewell, counsel for defendant Judgment: 18 November 2014 JUDGMENT OF JUDGE M E PERKINS [1] Ms Owen commenced proc...

4. Geary v ACC (Application for Stay of Order) [2013] NZHRRT 37 [pdf, 49 KB]

   ...grant the stay sought by ACC in the absence of an appeal under s 123 of the Human Rights Act 1993 (HRA), the Chairperson by Minute dated 1 October 2013 directed ACC to file submissions addressing the jurisdiction issue. Those submissions were to be filed and served by Friday 4 October 2013 and the submissions by Mr Geary in opposition were to be filed by Thursday 10 October 2013. The submissions for ACC were filed on time but the submissions by Mr Beck were not received until 5pm on Mon...

5. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...in dispute by LSG. Indeed where that is the case, I understand that Mr Pollak, on behalf of his client, has made disclosure to Mr Matsuoka through Mr Matsuoka’s lawyers. [2] Mr Drake and Mr Pollak, very helpfully prior to the hearing today, filed quite lengthy memoranda relating to these issues. This was helpful to me in advance, and during the course of the hearing today we have gone through the categories, of which there are eight, and dealt with how those might be dealt wit...

6. Maurice Edward Aston Trust [2012] NZWHT Auckland 1 [pdf, 90 KB]

   ...OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Mr Aston, Mr Shannon, Mr Little and Mr Swan are the owners of 180C Sutherland Road, Lyall Bay as trustees of the Maurice Edward Aston Trust. On 19 September 2011 they filed an application for an assessor’s report with the Department of Building and Housing. The assessor and the chief executive concluded that the claim was not an eligible claim because it was not filed within ten years of when the dwell...

7. LCRO 111/2017 VJ v NH (31 August 2017) [pdf, 93 KB]

   ...pay in full on time. 2 [4] Ms VJ also provided a copy of an Australian decision in which a lawyer’s conduct was found to be misconduct because he had not cooperated in an inquiry by the relevant Law Society which related to whether he had filed tax returns over a number of years. The investigator in that case made inquiries aimed at ascertaining whether that lawyer had filed tax returns, and what he was doing about child support payments. If he had not filed tax returns or...

8. Butler v NF Fraser & Co Ltd - Mangawhati 3B1 and Takahiwai 3A2 (2010) 6 Taitokerau MB 221 (6 TTK 221) [pdf, 32 KB]

   ...applications relate to a roadway and land at Takahiwai and disputes over the origin and nature of the roadway, the circumstances of the alienation of certain blocks of Maori land and questions over the status of land today. The applications were filed following a judicial conference on 13 May 2005 when Judge Spencer met with some of the parties to discuss the underlying disputes. [6] The s 45 application was referred to this Court for inquiry and report to the Chief Judge pursuant...

9. [2016] NZEmpC 64 McIvor v Saad [pdf, 95 KB]

   ...turning to the substance of the case, I should give my reasons for declining Samir Saad’s application for adjournment made on his behalf today by his counsel, Mr Hanif. [2] The interlocutory applications the subject of today’s hearing were filed as long ago as 13 November 2015 (in respect of Mr Saad’s application for an order for stay of proceedings); 26 January 2016 (in respect of Gary McIvor’s application for a compliance order); and 14 March 2016 (in respect of Mr McIvor...

10. [2017] NZEmpC 64 Prasad v LSG Sky Chefs New Zealand Ltd [pdf, 91 KB]

    ...AND LIUTOFAGA TULAI Second Plaintiff AND LSG SKY CHEFS NEW ZEALAND LTD Defendant AND SOLUTIONS PERSONNEL LIMITED First Third Party AND BLUE COLLAR LIMITED Second Third Party Hearing: On the papers filed on 21, 24 April, 5, 16, 22 May 2017 Appearances: P Cranney and T Oldfield, counsel for plaintiffs C Meechan QC and J Douglas, counsel for defendant Judgment: 24 May 2017 INTERLOCUTORY JUDGMENT (NO 3) OF JUDGE M E...