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  1. Ratima v Smith - Te Haroto 2B2B (2024) 113 Tākitimu MB 287 (113 TKT 287) [pdf, 241 KB]

    ...$2,157.29 to the Trust. He directed the applicant, Henare Rātima, to seek the views of the beneficiaries of the Trust as to whether the former trustees should be required to repay that money. The applicant complied with those directions and duly filed a report with the Court in December 2018. Since then, the application has largely sat idle, until it was recalled to the Court on 1 August 2024. [2] The Court is now asked to make final determinations in respect of this application....

  5. [2007] NZEmpC AC 39/07 Toll NZ Consolidated Ltd v Rowe [pdf, 22 KB]

    ...INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff (Toll) has applied for a stay of proceedings under Regulation 64 of the Employment Court Regulations 2000. The parties agreed that the application could be dealt with on the papers filed without the need for a hearing. Toll has elected, under s179 of the Employment Relations Act 2000, a de novo hearing of a determination of the Employment Relations Authority dated 12 April 2007. In that determination the Authority order...

  6. [2010] NZEmpC 25 Singh v Eric James & Associates Ltd [pdf, 19 KB]

    ...challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN NARINDER PAL SINGH Plaintiff AND ERIC JAMES & ASSOCIATES LIMITED Defendant Hearing: By memoranda of submissions filed on 2 February, 3 and 15 March 2010 Judgment: 23 March 2010 COSTS JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The defendant seeks a contribution to its legal costs in this Court two-thirds of its actual costs of representation o...

  7. [2006] NZEmpC CC 14/06 Keys v Flighty Centre (NZ) Ltd [pdf, 23 KB]

    ...reserved until the full Court’s decision in Axiom Rolle. In our substantive decision on the strike out application we had determined that there was a right of challenge and the plaintiff duly applied for leave to extend the time in which to file a challenge. That application was granted by consent on 28 July 2005 (file number CRC 19/05), but the challenge was stayed until the release of the full Court’s decision in the Axiom Rolle case. Leave was given to the first defendant...

  8. Allen v Smith [2015] NZIACDT 5 (03 February 2015) [pdf, 74 KB]

    ...before it establishes Mr Smith did not have an agreement with the required information, and issued a non- complying invoice. There is no information before the Tribunal that justifies or excuses those deficiencies. The complaint [5] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [5.1] One 29 January 2012 the complainant’s husband entered into a written agreement with Mr Smith (the agreement). The agreement prov...

  9. [2015] NZEmpC 213 Kirby v New Zealand China Friendship Society [pdf, 78 KB]

    ...China Friendship Society [2015] NZEmpC 189. 2 Kirby v New Zealand China Friendship Society Inc [2015] NZERA Christchurch 66. 3 Kirby v New Zealand China Friends Society, above n 1 at [91]. [2] Counsel for the defendant, Mr Pullar, has filed a memorandum as to costs stating that the Society had incurred legal costs of $5,000 plus GST. An application is made for an order that Mr Kirby pay a contribution to the Society’s legal costs of $3,300, and $734 for disbursements...

  10. Rafiq v Commissioner of Police (Costs) [2013] NZHRRT 31 [pdf, 40 KB]

    ...decision to withhold information from Mr Rafiq was justified “by a wide and substantial margin”. [4.2] Mr Rafiq conducted these proceedings without regard to his obligation to participate in them meaningfully and in good faith. That is, after filing the documentation necessary to commence his claim, Mr Rafiq refused to participate in telephone conferences and declined to file meaningful evidence or submissions. He subsequently declined to attend the hearing itself despite being wa...