Search Results

1. [2011] NZEmpC 88 Katz v Mana Coach Services Ltd costs [pdf, 118 KB]

   ...EMPLOYMENT COURT WELLINGTON [2011] NZEmpC 88 WRC 42/10 IN THE MATTER OF an application for costs BETWEEN BEATRICE KATZ Plaintiff AND MANA COACH SERVICES LTD Defendant Hearing: On the papers (in response to memoranda filed on 7 and 22 June 2011) Counsel: Tanya Kennedy, counsel for the plaintiff Blair Scotland, counsel for the defendant Judgment: 18 July 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] In my substantive judgment 1...

2. [2011] NZEmpC 84 NZ Air Line Pilots Assn Inc v Air Nelson Ltd [pdf, 67 KB]

   ...1 [2010] NZEmpC 130. [3] The parties attended mediation but were unable to agree as to the nature of the remedy available to those pilots affected by the judgment. In the event it was agreed that the parties would each file submissions and the Court would determine remedies based on those submissions. [4] Mr McCabe for NZALPA relied on my substantive finding that Air Nelson was not entitled to treat the same days off for the two purposes of alternative h

3. [2010] NZEmpC 56 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 28 KB]

   ...an application for costs BETWEEN EASTERN BAY INDEPENDENT INDUSTRIAL WORKERS UNION INC First Plaintiff AND JIM MOENGAROA AND OTHERS Second Plaintiffs AND CARTER HOLT HARVEY LIMITED Defendant Hearing: By memoranda of submissions filed on 9 February, 12 March and 6 April 2010 Judgment: 18 May 2010 COSTS JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The successful defendant (CHH) is entitled to a contribution to its costs of litigation in this proceeding in which...

4. [2009] NZEmpC CC 15/09 The Travel Practice Ltd v Owles [pdf, 27 KB]

   ...the Authority refers to a copy of a letter from the plaintiff to the Authority dated 30 April 2009 in which an adjournment of the investigation meeting on 14 May 2009 was sought. The Authority notes that “There is no record on the Authority file of that letter having been received in April 2009.” [9] Although the Authority records these two matters, they are not included in its assessment of the plaintiff’s conduct for the purposes of the report to the Court under s181(1)....

5. Wilson and Anor v CAC20008 & Ors [2015] NZREADT 28 [pdf, 126 KB]

   ...attention was not drawn to the new provisions of the Property Law Act 2007, s.240(1)(2) and to the provisions of the lease document”. 6. The written submissions of Mr Wilson for the appellants dated variously 2 November 2014 and 3 November 2014 and filed and served on 3 November 2014, at paragraph 7 say as follows: 4 “7. Refer to Exh.3 – copies of key sections of Property Law Act 2007 of which the respondents would have been aware and which castes aspersion on the Bell...

6. Pene-Stevens - Puhatikotiko 2C2B2 and 2D (2014) 41 Tairawhiti MB 219 (41 TRW 219) [pdf, 184 KB]

   ...41 Tairawhiti MB 220 Introduction [1] On 6 December 2012 the Court received two applications concerning Puhatikotiko 2C2B2 and Puhatikotiko 2D (Aggregated) comprising some 11.4813 hectares. [2] The first Application - A20120015628 filed under ss 231 and 239 of Te Ture Whenua Māori Act 1993 seeks an order for review of trust and the replacement of trustees. The second Application - A20120015627 sought a recommendation to set aside land on each of the blocks. Backgro...

7. AL v Secretary for Justice 30 August 2012 NZRA 000017 [pdf, 130 KB]

   ...resulting in a sentence of Community Work. 8. The applicant provided work samples in respect of the cases mentioned in paragraph 7(a), (b) and (c). 9. In respect of the case mentioned in paragraph 7(a), the Applicant stated that he reviewed the trial file including briefs of evidence, job sheets, notebook entries and exhibits. He researched the law on the case to a 40% level. He briefed one witness and drafted the handwritten notes in support of the application for discharge und...

8. [2014] NZEmpC 138 Kellerman v Stoneware 91 Limited t/a Switched on Gardener [pdf, 79 KB]

   ...to a costs determination of the Employment Relations Authority BETWEEN BRENDAN KELLERMAN Plaintiff AND STONEWARE 91 LIMITED trading as SWITCHED ON GARDENER Defendant Hearing: (on the papers by way of submissions filed on 26 June, 1 and 9 July 2014) Judgment: 31 July 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The plaintiff was granted leave by this Court 1 to bring a challenge in respect of a c...

9. [2015] NZEmpC 3 Fletcher v Sharp Tudhope Lawyers costs [pdf, 73 KB]

   ...challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN DARRYL FLETCHER Plaintiff AND SHARP TUDHOPE LAWYERS Defendant Hearing: On the papers filed on 17 October and 22 November 2014 Appearances: D Fletcher, plaintiff in person P A Caisley, counsel for defendant Judgment: 8 January 2015 COSTS JUDGMENT OF JUDGE CHRISTINA INGLIS [1] I struck out...

10. Merito - The Moutoki, Tokata and Rurima Islands (2011) 34 Waiariki MB 176 (34 WAR 176) [pdf, 103 KB]

    ...there appears to be a significant discrepancy involving the area of the Rūrima Islands as between the sketch plans and the survey. [18] I understand from the Deputy Registrar that according to the Surveyor General’s correspondence on the Court file, when the sketch plans were made in the early twentieth century the technology available for accurate survey and mapping was not as advanced as it is today or in 1986. Moreover, it is suggested by the surveyor general that the sketch pl...