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1. [2024] NZEmpC 182 Yamaya NZ Ltd v Lee [pdf, 141 KB]

   ...proceedings, effectively staying the execution of the Authority’s determination. The defendant, Suhee Lee, filed an application for security for costs. [2] Yamaya discontinued its proceedings against Ms Lee on 25 July 2024; it withdrew its statement of claim and its application for a stay of proceedings. The application for security for costs fell away. Costs on the proceedings up to and including the discontinuance, however, remained in issue. For that purpose, Yamaya 1...

2. [2011] NZEmpC 156 Sigglelow v Waikato DHB [pdf, 61 KB]

   ...position. 1 [2011] NZERA Auckland 384. [2] Mr Sigglekow filed a challenge in the Employment Court in respect of certain aspects of the Authority’s determination, namely the decision to decline reinstatement, and the quantum of award for lost remuneration and compensation under s 123(1)(c)(i). [3] The District Health Board has filed a statement of defence and cross- challenge. It seeks a stay of proceedings pending the hearing of...

3. [2012] NZEmpC 119 LI v Huang [pdf, 57 KB]

   ...document to the plaintiff there was never an enforceable employment relationship between the parties and thus no unjustified dismissal. The plaintiff denied that Mr Huang carried out any IT support work at the Eland Internet Cafe. [4] In his statement of claim, Mr Li repeats the allegation made before the Authority that the employment agreement was subject to the production of a valid work permit and as that had never been produced “the employment never commenced but the parti...

4. Forrest v Chief Executive Department of Corrections (Referral back to HRC) [2014] NZHRRT 41 [pdf, 43 KB]

   ...mental health status (Human Rights Act, s 21(1)(h) and (i)). Mr Forrest says that the purpose of the proceedings is to bring about a change to the system by having the alleged discriminatory features removed. [3] Corrections has filed a detailed statement of defence denying discrimination and now submits that there would be considerable merit to a meeting with Mr Forrest to explain the policy and why Corrections believes it is not discriminatory. The meeting would also enable Correctio...

5. [2020] NZEmpC 155 Head v Chief Executive of the Inland Revenue Department [pdf, 180 KB]

   ...directions for the filing of a fresh proceeding by Mr Head, notice of opposition by IR, and submissions. I said the matter would be finalised on the papers. [13] On 22 September 2020, Mr Head’s fresh proceeding was issued: EMPC 292/2020. The statement of claim raises the same allegations as are contained in the fifth statement of claim in the McCook proceeding. An application for joinder in that proceeding was also filed on behalf of Mr Head. It is signed by Mr Cranney as...

6. [2020] NZEmpC 68 NZ Professional Firefighters Union v Fire and Emergency NZ [pdf, 320 KB]

   ...likely. I infer that they see removal to the Court as an efficient and cost-effective way of dealing with their dispute. I agree. Conclusion [11] The application for special leave to remove is granted. [12] The applicant is to file and serve a statement of claim within 14 days of the date of this judgment. The respondent is to file and serve a statement of defence within a further 14 days. The file is then to be referred to a Judge. [13] Leave is reserved for either party to a...

7. KD & LD v XN Ltd [2024] NZDT 215 (5 March 2024) [pdf, 90 KB]

   ...that they had paid, but XN Ltd did not return it. An email provided by the applicants indicated that XN Ltd considered that the applicants were not justified in refusing to confirm the sale. [5] XN Ltd did not attend the hearing, and has offered no defence to the claim to the Disputes Tribunal. The issue CI0301_CIV_DCDT_Order Page 2 of 3 [6] The question for me to decide is whether KD and LD are entitled to a return of the deposit that they paid to XN Ltd. The answer to that d...

8. What to expect when you appear in court

   ...in court. This is to make sure that everyone is aware that you will be using an interpreter and the courtroom is set up to accommodate the interpreter. You and the other party should provide the interpreter with a copy of each of the following: the statement of claim the statement of defence the names of witnesses. Foreign languages If you are going to need an interpreter for a foreign language, you should tell the court at least 10 working days before you appear in court. If you don’t give...

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   2. Going to court >
   3. Going to court without a lawyer >
   4. Representing yourself in a civil case in the District Court

9. What happens at a hearing

   ...writing. Back to top What you should bring to the hearing It is expected that both parties will have provided all information before the day of the hearing - Responding to a claim If this has not been done, a party should bring 5 copies of any written statement they want to use at the hearing. The statement should include details of the claim or defence and what happened in chronological (start to finish) order. You should also bring 4 copies of each document you want to show the tribunal that...

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   2. Motor Vehicle Disputes Tribunal >
   3. What happens next

10. [2010] NZEmpC 125 Behan-Kitto v New Zealand Post Limited [pdf, 26 KB]

    ...for leave on 16 June 2010 following e-mailed receipt of the papers by the registry on the previous day. Mr Behan-Kitto’s application for leave to challenge out of time was accompanied by an affidavit explaining the circumstances and a draft statement of claim. [3] The statutory period for challenging determinations of the Authority by right is 28 days from the date of its determinations. The delay in this case between its expiry and the application to the Court was almost thre...