Search Results

1. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

   ...[98] [99] [103] [108] [109] [111] Liability: personal grievances Personal grievance claims Pleadings Consideration of the personal grievance allegations Disadvantage Justification [112] [115] [121] [127] Affirmative defence relating to s 317 of the AC Act The key issues The facts relied on for the purposes of the affirmative defence Section 21B(7): The legislative history The meaning and application of “sudden”: Section 21B(7)(a)(i) The meanin...

2. [2006] NZEmpC CC 2A/06 Rawlings v Sanco NZ Ltd [pdf, 32 KB]

   ...not need to be repeated in this. [7] Ms McClelland, who was counsel for Sanco present at the Authority’s investigation meeting on 23 September 2005, advised me that the following took place on that occasion. The Authority had Mr Rawlings’s statement of problem with some annexed documents and Sanco’s statement in reply, together with further annexed documents that Ms McClelland says included an unsigned version of the employment agreement. Counsel advises me that after wait...

3. Auckland District Law Society v Dorbu [2010] NZLCDT 9 [pdf, 217 KB]

   ...expiry of the Property Law Act notice namely 21 July 2002. [21] On 29 July 2002, without involving any firm of solicitors in the conveyancing transaction, Mr Dorbu instructed Chester Grey, a firm of chartered accountants to prepare a settlement statement for the sale of the property. The letter of instruction stated that Mr Dorbu also acted for the mortgagee Mr Shou Lung Chiao. The letter of instruction also required a deduction for Legal Fees of $6,500, although no Bill of Cos...

4. EMPC Effective representation in the Employment Court - perspective from the bench [pdf, 300 KB]

   ...Pay particular attention to the pleadings. The purpose of them is to put the other side, and the Court, on notice of what your client’s case is. The requirements are set out in the Regulations.15 It is not uncommon for the Court to require statements of claim to be re- pleaded because of drafting infelicities. Sometimes it will be necessary to file amended pleadings. They must be marked in a clear way to indicate changes to the original pleadings.16 Remember that an application...

5. Teina Pora compensation claim innocence report [pdf, 9 MB]

   ...Maurice. He resided with them on and off though in April 1992 he was living elsewhere in Otara with his girlfriend, Fiona Bennett, and their two year old daughter. 24. After telephoning the Police several times, Terry Mclaughlin made a written statement on 6 April 1992. In it she said that Teina had told her that he had seen a baseball bat covered in blood in "a tunnel" at the Manukau Velodrome. She and her husband went to the Velodrome and saw a baseball bat down a manhole....

6. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...misrepresentation made in the sale of the Car? c. If so, is ML entitled to return the Car and receive compensation of $6,149.50? Was a misrepresentation made in the sale of the Car? 5. When discussions occur between parties prior to a contract being made, statements made by a seller can be relied on and can amount to a misrepresentation, if they are false. This law is found in section 35 of the Contract and Commercial Law Act 2017 (“CCLA”). This section says CI0301_CIV_DCD...

7. E58 Russell Green - EIC - ETNZ and ACEL [pdf, 6.4 MB]

   ...I will deal further with the concerns of ETNZ in relation to design guidelines shortly. 6.6 All challengers will wish to accommodate guest and supporter hospitality during the event. This was the case for all bases in Auckland for the previous defences and for the bases overseas on every occasion ETNZ has been a challenger. Calm water conditions 6.7 To host an America's Cup event, it is critical that the development creates a calm water space. Waitemata Harbour, on an isthmus...

8. LCRO 144/2024 NQ v PW (28 March 2025) [pdf, 187 KB]

   ...indication of one to two years’ imprisonment with alternatives of home or community detention, if convicted. [7] A family member persuaded the couple to consult the respondent privately to review the evidence and provide a second opinion on possible defences to the charges. A fixed fee retainer was entered into for the purpose. [8] The core of the respondent’s initial advice was to plead guilty to the Fair Trading Act charges in return for negotiating withdrawal of the Crimes Act...

9. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   ...Performance Cleaners, holding that Ms Chinan had not breached express or implied terms and obligations of her employment agreement.3 [7] The essence of the challenge which is now brought by Performance Cleaners is contained in this paragraph from its statement of claim: 29. The defendant was party to an IEA with express and implied terms of employment as referred to above … The defendant breached those obligations in a number of ways, inter alia:

10. Apostolakis v Gilbert (Decision) [2018] NZHRRT 22 [pdf, 290 KB]

    ...biased. This factual inquiry should be rigorous, in the sense that complainants cannot lightly throw the “bias” ball in the air. [32] In Bradbury v Judicial Conduct Commissioner [2014] NZCA 441, [2015] NZAR 1 at [66] the Court emphasised the statement by Blanchard J in Saxmere at [20] that the party alleging apparent bias must also articulate a logical connection between the alleged disqualifying factor and the “feared deviation” from the course of deciding the case on its merits...