Search Results

1. [2019] NZEmpC 133 Roberts v Airways Corp of NZ Ltd [pdf, 348 KB]

   ...a determination of the Employment Relations Authority.1 [2] On several occasions since, the Registrar has sought confirmation from counsel for the plaintiff, Mr McCabe, as to the date of service of the proceedings upon the defendant, since no statement of defence has been received. [3] On 4 February 2019, the Court was advised that a notice of discontinuance would be filed shortly. Despite several subsequent requests from the Registrar as to when the notice will be filed, none ha...

2. [2019] NZEmpC 134 Serforntein v Airways Corp of NZ Ltd [pdf, 349 KB]

   ...a determination of the Employment Relations Authority.1 [2] On several occasions since, the Registrar has sought confirmation from counsel for the plaintiff, Mr McCabe, as to the date of service of the proceedings upon the defendant, since no statement of defence has been received. [3] On 4 February 2019, the Court was advised that a notice of discontinuance would be filed shortly. Despite several subsequent requests from the Registrar as to when the notice will be filed, none ha...

3. LCRO 64/2023 VA v JL (18 August 2025) [pdf, 455 KB]

   ...since 11 June. She suggested that the applicant consider liquidating the company and recommended “a company” for her to consult. I infer that this was probably a firm of insolvency practitioners. The applicant provided the company’s financial statements to the firm that day. [26] Between 25 June and 9 July 2021, there was a series of email exchanges between the applicant and Mr B, with Mr B seeking her comments on successive drafts of the letter and responding to her instructi...

4. [2012] NZEmpC 165 Snowdon v Radio New Zealand Ltd [pdf, 68 KB]

   ...COSTS JUDGMENT OF JUDGE B S TRAVIS [1] On Tuesday 14 June 2011, 1 on the application of the defendant, I struck out all references to Mr Quigg or his firm Quigg Partners, Barristers & Solicitors, in the plaintiff’s second amended statement of claim, dated 18 August 2010 (the fraud proceedings). I found that the allegations against Mr Quigg and his firm were made without any evidentiary foundation and I struck them out. [2] I invited Mr Tizard, who is counsel for the...

5. ACJ v ZXV [2013] NZDT 147 (5 June 2013) [pdf, 98 KB]

   ...seizures didn’t happen during the day, just at night. The Police Report records him saying that “If I have a real late night, then the next day it will happen, usually in the small hours of the morning”. [11] I am satisfied that these statements establish that: ZXV knew that he had had a reoccurrence of his childhood epilepsy; he had had regular seizures over the preceding month; that whilst these seizures were of differing degrees, they altered his state of consciousness,...

6. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 22 [pdf, 115 KB]

   ...exercise my discretion to award costs? If so, what costs should be awarded? WAS THERE BAD FAITH ON THE PART OF MR ALLEN? [7] It is clear from the Tribunal decision that not only did the adjudicator conclude that Mr Allen forged the producer statement but that significant parts of the evidence he gave lacked credibility and was not accepted by the Tribunal. 2 Above n 1 at [51]. 3 Above n 1 at [52]. Page 4...

7. Meek v Ministry of Social Development [2013] NZHRRT 28 [pdf, 53 KB]

   ...that he was asked about his race in the manner he asserts. The more probable scenario is that arriving at the centre primed to experience discrimination, he has misconstrued a request for biometric information and has interpreted that request as a statement that he would receive preferential treatment if he claimed to be Maori. [23] This does not mean that Mr Meek gave an untruthful account of his dealings with the Naenae Service Centre. To the contrary, he was an honest witness, albei...

8. Auckland Standards Committee v Tupou 2010 NZLCDT 3 [pdf, 144 KB]

   ...had five children and Mr F was seeking a parenting order in respect of the children. Counsel for the child had been appointed and another practitioner, the complainant, represented Mrs F. On behalf of Mrs F the complainant filed the notice of defence and there was brief correspondence between counsel, the last being only a month or two prior to the events which led to the complaint. The matter had been given a backup mediation conference by the Court for 12 June 2008. [3] On Sa...

9. [2019] NZLVT 003 Walker v Auckland Council [pdf, 2.3 MB]

   ...which was used to instruct expert witnesses and secure legal representation . It is a condition of the funding agreement entered into by the Societies that they are required to account to the fund administrators for any costs they Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited [2014] NZSC 38, (2014) 17 ELRNZ 442, [2014]1 NZLR 593, [2014] NZRMA 195. 2 [2016] NZEnvC 148. 3 [2017] NZHC 52. , [2018] NZCA 316. 5 6 Memorandum on behalf of the S...

10. Incorporated Societies Bill.pdf [pdf, 170 KB]

    ...society, or a person. 7 These offences largely relate to failures to follow regulatory requirements set out in the Bill. 31. Strict liability offences prima facie limit s 25(c) of the Bill of Rights Act because the accused is required to prove a defence (on the balance of probabilities) to avoid liability (in other criminal proceedings an accused need merely raise a defence in an effort to create reasonable doubt). This means that where the accused is unable to prove a defence, they cou...