Search Results

1. [2016] NZEmpC 53 Mana Coach Services Ltd v The NZ Tramways and Public Transport Employees Union Inc [pdf, 93 KB]

   ...second hearing condensed what had been five days taken up with the first hearing. [10] In these circumstances, Mana’s claim is for two-thirds of actual costs, being the sum of $28,638 plus disbursements. These latter claims are for the cost of filing the statement of claim ($200) and hearing fees ($245). [11] Finally, through counsel, Mana makes the unusual and in some ways enigmatic, final submission as follows: 14 Presently increased costs are not sought in the expectation th...

2. Recusal guidelines [pdf, 81 KB]

   ...Guidelines for Judicial Conduct, March 2013, at 29. 7 Saxmere, above n 1, at [8] and [97]. 8 At [88]. Recusal on own motion 14. If a conflict of interest is identified by a duty coroner when a death is reported or by a receiving coroner before the file has been assigned, the coroner should discuss the apparent conflict of interest with the chief coroner. If, after discussion with the chief coroner, the coroner feels they are obliged to recuse, the file will be assigned to another co...

3. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...necessary and no application would be made. [5] It subsequently came to light that Mr Alkazaz was not intending to return to New Zealand as he had previously indicated. Accordingly, the present application was made. [6] The parties have each filed supporting affidavits to the application and opposition respectively. Written submissions have also been filed. I have considered all of the documents filed in dealing with this matter on the papers. Deloittes are now concerned t...

4. [2019] NZEmpC 94 Allen Chambers Limited v Pelabon [pdf, 270 KB]

   ...1 Allen Chambers Ltd v Pelabon [2019] NZEmpC 45 at [5] and [61]. [2] The Court also ruled that since the plaintiffs had failed in their challenge, costs should follow that event. Subsequently, Mr Pelabon filed an application for the Court to fix quantum; and that is opposed by Allen Chambers Ltd (ACL), and Mr Chambers. [3] In his summary, Mr Laracy has submitted for Mr Pelabon: a) Costs should be paid under Category 2, Band B of the Employment

5. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE KATHRYN BECK (Application to strike out part of the pleadings) [1] This is an application to strike out paras 136, 136(a), 137(a), 137(b) and 136(c) (the paragraphs) of the second amended statement of claim filed on 15 September 2020, pursuant to r 15.1 of the High Court Rules 2016, on the basis that they disclose no reasonably arguable cause of action, defence or case appropriate to the nature of the pleading, or are otherwise an abuse of the pr

6. Notice of Motion seeking direct referral 26 May 2020 redact [pdf, 175 KB]

   ...their interested party notice on "all other parties" is waived. (d) Prospective section 274 parties are instead directed to serve their notice on the Transport Agency and Horizons only, with service on other parties to be achieved by filing their notice with the Environment Court for publication by the Court on the dedicated page which has been established for the proceeding on the Environment Court website. (e) Section 274 notices must otherwise meet the requirements...

7. [2019] NZEnvC 186 Whangarei District Council v CPE Trustee Limited [pdf, 313 KB]

   ...requirements of s10 of the Act. [2] I gave an opportunity of 10 working days for the parties to see if final wording could be settled and reserved costs with directions for costs. The wording of the declaration (3] Whangarei District Council has filed a memorandum seeking that the declaration be modified by recording wording similar to that in the decision (that extraction was similar on an annual basis over the entire period at about 12,000 tonnes and summarising the hours of act...

8. SX Ltd v RO Ltd [2021] NZDT 1554 (11 August 2021) [pdf, 244 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...

9. EF & QF v JD & QN [2021] NZDT 1602 (29 October 2021) [pdf, 98 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...

10. ST & CT v OU [2021] NZDT 1606 (21 June 2021) [pdf, 201 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 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...