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1. Ruddelle v Auckland District Health Board [2021] NZHRRT 5 [pdf, 230 KB]

   ...be treated by Dr Wesley Bevan at a location closer to her home. [4] In September 2015 Ms Ruddelle complained to the HDC about Dr Bidwell’s conduct. The complaint was ultimately dismissed by the HDC. [5] In October 2015, when reviewing her file to respond to the HDC complaint, Dr Bidwell realised she had not completed the ACC forms for Michael. Prompted by that, Dr Bidwell reviewed Michael’s file and wrote to Dr Kathryn Edward and Dr Bevan who were now treating Michael and compl...

2. [2022] NZEnvC 085 Lee & Rochwalski v Buller District Council [pdf, 380 KB]

   ...the District Court Rules (2014) provides: Issue of witness summons (1) A witness summons in form 27 to require the attendance of a witness at the trial to testify or to produce documents, or both, may be obtained by any party, at any time after filing the statement of claim. 3 Application filed 1 April 2022. 4 RMA, s 269. 5 Evidence Act 2006, s 7(2). 6 Evidence Act 2006, s 7(3). 7 RMA, s 278. [5] [6] [7] [8] 5 (2) A party requiring the issue of a witness summons must fi...

3. Yuile v Smith - Tuahu 6 (2022) 112 Tairawhiti MB 20 (112 TRW 20) [pdf, 320 KB]

   ...Phillip Smith dated 7 September 1967. Probate for the will was granted on 8 December 1969. 2 22 Registrar’s MB 180-181 (22 RGTA 180-181). 3 20 Registrar’s MB 66 (20 RGTA 66). 112 Tairawhiti MB 23 [8] In 1996, an application was filed to partition the Tuahu 1A2B block. As referenced in Ira Smith’s will, the Tuahu 1A2B block was intersected by Ruakituri Road. The application sought to partition the Tuahu 1A2B block into two parcels, separated by Ruakituri Road. T...

4. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

   ...District Health Board [2022] NZHRRT 5. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 5 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 23 November 2021. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A Consent Memorandum dated 15 November 2021...

5. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...JUDGE B A CORKILL Introduction [1] Long Pan worked as a benchtop stoneworker for Juyi International Ltd (Juyi), a manufacturer of kitchens, which specialised in stone benchtops. [2] After Mr Pan’s employment ended with Juyi, he filed a statement of problem in the Employment Relations Authority, asserting he had not been provided with all of his statutory entitlements, including breaks and holiday pay. [3] The issues raised by Mr Pan included a claim that Juyi had...

6. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...between the parties, taking into account a particular observation I made about the third cause of action, to which I will return shortly. I said that my preliminary view was costs should be considered on a 2B basis. Memoranda were able to be filed if agreement could not be reached.2 1 FGH v RST [2022] NZEmpC 223, [2022] ERNZ 1076. 2 At [405]–[406]. [3] On 13 January 2023, FGH (Ms H) filed an application in the Court of Appeal seeking leave to appeal the judgment....

7. [2024] NZREADT 25 - CAC 2107 v RCG Reality Ltd (29 July 2024) [pdf, 265 KB]

   ...2008 (the Act) in that RCG’s conduct constituted a wilful or reckless contravention of s 125(1) of the Act and/or regs 9, 12, 15 and 16 of the Real Estate Agents (Audit) Regulations 2009 (the Audit Regulations). [2] On 10 May 2024, the parties filed a joint memorandum confirming that a resolution had been reached and that RCG admitted that its conduct amounted to seriously incompetent or seriously negligent real estate agency work under s 73(b) of the Act. [3] An amended charge...

8. [2011] NZEmpC 10 Gyenge v Clifford Lamar Limited supplementary [pdf, 56 KB]

   ...AUCKLAND [2011] NZEmpC 10 ARC 65/10 IN THE MATTER OF of a challenge to a determination of the Employment Relations Authority BETWEEN EMMA GYENGE Plaintiff AND CLIFFORD LAMAR LIMITED Defendant Hearing: by memorandum filed on 24 January 2011 Judgment: 10 February 2011 SUPPLEMENTARY JUDGMENT OF JUDGE A D FORD [1] In my substantive judgment 1 in this matter I upheld the plaintiff’s challenge and found that she had been unjustifiably dismiss...

9. [2008] NZEmpC CC 3/08 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 18 KB]

   ...spent and the rate charged were both reasonable. We therefore find that the costs actually incurred by the plaintiffs were reasonably incurred. [5] In addition to those costs, the plaintiffs also incurred disbursements totalling $580.15 for a filing fee, counsel’s travel for the hearing and office related expenses. We are satisfied that all of those disbursements were necessarily incurred and were reasonable in amount. [6] For the defendant, Mr Barrett sought to persuade us that...

10. [2007] NZEmpC AC 9/07 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 21 KB]

    ...Judgment: 23 February 2007 COSTS JUDGMENT OF THE FULL COURT [1] In a decision of the full Court in these proceedings dated 27 November 2006, the issue of costs was reserved. If the issue of costs was to be pursued leave was granted for the filing of memoranda. [2] The defendants now seek costs in a memorandum filed by their counsel Mr Caisley. Mr Cleary, counsel on behalf of Business New Zealand Incorporated, a party granted leave to appear and be heard, has indicated t...