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1. 209 filing a statement of judgment debtor organisation [pdf, 385 KB]

   ...has not been paid • you can provide the required information for a financial assessment to be completed – as set out in Section B of this form. If the judgment debtor is an individual, use form MOJ208/04/18. How is a judgment creditor able to file a financial statement for the judgment debtor? An example of this is when the judgment creditor has issued the judgment debtor with a notice to complete a financial statement and the debtor complies with the request. If the judgment credi...

2. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...defendant, Mr Sharp, raised a procedural issue. The issue revolved around an affirmative defence contained within the defendant’s statement of defence to the plaintiff’s statement of claim. Mr Sharp pointed out that the plaintiff had not filed a reply and argued that the consequence of this was that the plaintiff must be taken as having admitted the defendant’s allegations. [3] When Mr Sharp advanced the argument, Ms Stewart (counsel for the plaintiff) immediately raised an...

3. [2007] NZEmpC WC 10/07 Nola & Anor v Harvey [pdf, 43 KB]

   ...of hearing and phone calls, there was no appearance for the employers at the investigation meeting which proceeded on 5 October 2006 in their absence. [6] The Authority issued its determination on 9 October 2006 at which time the 28 days for filing a challenge began to run. The last day for electing to challenge the determination was 6 November 2006. [7] On 19 October 2006 Ms Nola wrote to the Authority to complain about the outcome of the determination and to explain why she had...

4. Recording Industry Association of New Zealand v TCLE-A-T6518151 [2013] NZCOP 12 [pdf, 222 KB]

   ...Act 1994 BETWEEN RECORDING INDUSTRY ASSOCIATION NEW ZEALAND Applicant AND TCLE[A]-T6518151 Respondent BEFORE THE COPYRIGHT TRIBUNAL Jane Glover DECISION ON THE PAPERS Introduction [1] This case concerns alleged file sharing infringement under s.122A-U of the Copyright Act 1994 (“the Act”).1 Sections 122A-U of the Act set out a process for copyright owners to use when they consider that an internet user has infringed their copyright via a file...

5. BU v DG LCRO 276 / 2011 (17 September 2013) [pdf, 102 KB]

   ...money. BU says he agreed to suspend interim billing, and render a final invoice for all of DN’s fees, when DN settled matters with his wife, because at that stage DN expected his cashflow to improve. As matters transpired, however, DG took the file over before DN and his wife reached settlement. [19] DG says that at their first meeting in mid-July 2010, DN appeared to have lost all confidence in BU, and said that he wanted to make a complaint. DG was therefore aware from th...

6. [2013] NZEmpC 216 Narayan v Telecom NZ Ltd [pdf, 54 KB]

   ...in the new year. [2] On 30 September 2013, by telephone directions conference, Mr Narayan indicated that he intended to also challenge the Authority’s costs determination, which had recently been issued. Accordingly, I set a timetable for the filing of an amended statement of claim and the filing of an amended statement of defence. In addition, a timetable was set for the preparation, exchanging and filing of a bundle of agreed documents....

7. [2011] NZEmpC 126 EBIIWU v Norske Skog Tasman Ltd [pdf, 67 KB]

   ...Counsel: Mr L Yukich, advocate for the plaintiff Ms K Dunn, counsel for the plaintiff Judgment: 5 October 2011 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] This chambers hearing was convened to deal with an application Mr Yukich filed on behalf of the plaintiff union seeking a direction from the Court allowing the plaintiff to produce affidavit evidence of historical bargaining over the issue of long service leave. The defendant opposed the request for leave to file fu...

8. [2017] NZEmpC 140 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 143 KB]

   ...of an application to exclude evidence AND IN THE MATTER of applications for leave to cross-examine deponents BETWEEN JOHN MATSUOKA Plaintiff AND LSG SKY CHEFS NEW ZEALAND Defendant Hearing: On the papers filed on 29 September and 2, 6, 11, 24, 27 and 31 October, 2 November 2017 Appearances: R Harrison QC and M O'Brien, counsel for plaintiff C Meechan QC and D Eriksen, counsel for defendant G Pollak, counsel for non-parties Zamb...

9. IHC New Zealand v Ministry of Education (Non-Party Access No. 2) [2014] NZHRRT 20 [pdf, 51 KB]

   ...Plaintiff Ms M Coleman and Mr SJ Humphrey for First and Second Defendants DATE OF DECISION: 16 May 2014 DECISION OF TRIBUNAL GRANTING NON-PARTY ACCESS TO STATEMENT OF CLAIM AND STATEMENT OF REPLY Background [1] These proceedings were filed on 27 September 2012. For reasons set out in the Minutes dated 22 November 2012, 15 February 2013, 24 May 2013, 28 June 2013 and 4 July 2013, little progress has been made. [2] The plaintiff has since engaged a new instructing solici...

10. [2010] NZEmpC 23 Metallic Sweeping (1998) Ltd v Whitehead [pdf, 46 KB]

    ...reserved with the parties having 28 days to make submissions if the issue could not be resolved between them. Well after the expiry of that time limit, counsel for the plaintiff (“Metallic”) (respondent in the proceedings before the Authority) filed a memorandum in support of a claim for costs. This memorandum was filed on 4 March 2009. Upon receipt of the memorandum Mr Whitehead’s solicitors advised the Authority that they no longer had instructions. [3] Follow...