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Search results for Statement of Defence.

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  1. [2012] NZEmpC 159 Q v W [pdf, 2 MB]

    ...defendant Judgment: 18 September 2012 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The defendant has applied for orders requiring the plaintiff to provide further and better particulars in relation to the further amended statement of claim dated 22 October 2010. [2] As early as 14 December 2010, counsel for the defendant claimed that various pleadings within the further amended statement of claim were deficient and failed to provide sufficient part...

  2. [2015] NZEmpC 222 Marra Construction (2004) Ltd v Pretorius [pdf, 146 KB]

    ...hours worked in excess of a 40-hour week; or  a payment for extra hours under the Minimum Wage Provisions of the Minimum Wage Act 1983 (MW Act). [3] The Authority concluded that any claims had to arise on or after 3 March 2008 since the statement of problem was filed on 3 March 2014. Then the Authority held: a) The claim for honouring the oral understandings of late 2007 was outside the limitation period and could not be pursued since all the elements necessary for pros...

  3. [2016] NZEmpC 85 Chief Executive of the Ministry of Social Development v Tuilaepa [pdf, 85 KB]

    ...Employment Relations Act 2000 (the Act) should be filed before the application for stay of execution could be considered by a Judge (even on a joint basis) because the Registrar considered that the Court did not otherwise have jurisdiction. [4] A statement of claim challenging the Authority’s determination has now been filed. [5] The Authority directed Mr Tuilaepa’s reinstatement to his former position or in one no less advantageous to him and noted that the defendant had been...

  4. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

    ...procedural steps was to keep the in-house counsel issue alive, but remove Mr ZB as the complainant. [XD] proceedings [24] Mr ZB’s complaint about Mr YC’s conduct in the [XD] proceedings was: (a) Mr YC failed to inform the court of all available defences when he filed [WE]’s without-notice freezing order application. In particular, he did not inform the court that [XD’s] position was that it had made all payments due to [WE] under the construction contract. (b) Mr YC fai...

  5. [2022] NZEmpC 99 Kingipotiki v Taplin [pdf, 146 KB]

    ...on which day it will lapse unless it is further continued. (b) Either party may apply on notice to revoke, alter or amend the freezing order prior to 4 August 2022. (c) Pending further order of the Court, the defendant is excused from filing a statement of defence. (d) The parties are directed to attend urgent mediation. [4] The freezing order application will be called at Christchurch at 10 am on 4 August 2022. The hearing will be conducted by virtual meeting room or if that is...

  6. Tank Trust v Auckland Council [2013] NZWHT Auckland 20 [pdf, 107 KB]

    ...responses in these proceedings required the Council to either accept or deny liability for the damage by setting out: Which matters in the claim were accepted or agreed. Which matters were disputed with reasons. An outline of any affirmative defences or mitigation issues intended to be raised at either the mediation or adjudication including any dispute as to the quantum or amounts claimed. Copies of any experts’ reports, evidence, schedule or breakdown of costs the...

  7. E55 Heather Kirkham - EIC - the Crown [pdf, 827 KB]

    ...of Wearable Art, the New Zealand Men's and Woman's Golf Opens, and the World Masters Games 2017. 3.2 Having won the 35th America's Cup in Bermuda in 2017, ETNZ won the rights to host a series of regattas that will lead to the defence of AC36 in Auckland in 2021. 3.3 MBIE was involved very soon after ETNZ won the 35th America’s Cup in June 2017, in negotiating the terms of an initial $5 million funding of ETNZ to ensure that it could continue to pay the salar...

  8. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

    ...improving the responsiveness of the justice system 11 Maintaining the civil and democratic rights of New Zealanders 14 Measuring the Ministry’s efficiency and cost-effectiveness 17 Assessing our organisational health and capability 18 Financial statements 20 1 2011/12 Highlights ACHIEVEMENTS • The Justice Sector Leadership Board established a justice sector four-year budget plan and a sector plan was developed. Recorded crime rate reached a 30-year low in 2011. • Support...

  9. [2010] NZEmpC 43 Eden v Rutherford & Bond Toyota Ltd [pdf, 25 KB]

    ...determination on costs, however, that claim cannot now be considered. It is simply too late to raise it for the first time in final submissions. As I noted in paragraph 3 of my minute of 1 March 2010, not only has there been no cross challenge, but the statement of defence has not put the Court or the plaintiff on notice that an increase in Authority costs may be sought. Mr O’Sullivan submits that there is no requirement to do so, citing, in support of his proposition, the judg...

  10. [2009] NZEmpC CC 14/09 Gorrie Fuel (SI) Ltd v Scott [pdf, 24 KB]

    ...remedies in respect of both aspects of the matter. Those remedies were summarised in paragraphs [23] to [25] of the Authority's determination. [3] The challenge was filed in the Court and duly served on the defendant who did not file a statement of defence within the prescribed time. Subsequently, however, Mr Scott applied for an extension of time for filing a defence to the proceedings. [4] That application was opposed by the plaintiff who filed a notice of oppos...