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1. LCRO 097/2023 RQ and EP v OM (14 February 2024) [pdf, 288 KB]

   ...also granted legal aid to respond to it. The first applicant did not qualify for legal aid. [7] The applicants engaged the same lawyer to represent them. The lawyer quoted the first applicant a fixed fee for his work in representing her in her defence of Mr X’s application. [8] Mr X’s application was made without notice. The duty Judge declined to grant a temporary order and required that the application proceed on notice. In doing so, she noted on the Court file: Jurisdi...

2. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...maximum of $21 ,700 including GST, subject to the provision of satisfactory invoices establishing that the treatment was for the mental and emotional harm caused by the wrongful convictions and imprisonment s 9(2)(a) ; and 2 13.3. a public statement of innocence and apology to Mr Redman by the Crown. Background Mr Redman's convictions 14. Mr Redman's convictions arose from a series of incidents that occurred at a 21 st birthday party in Mt Roskill, Auckland. Mr Redm...

3. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...way in which the agreement had been executed were considered in litigation between Mr Fenton and the purchasers of the property and resulted in a judgment being given in favour of the latter by the High Court.8 The Court considered a number of defences including one which related to the question of whether there was an enforceable agreement on the grounds that Mr Fenton did not clearly initial the counteroffer which had been put to him and which was the price at which the purchaser...

4. Process evaluation of the Domestic Violence Act 1995 [pdf, 1.9 MB]

   ...respondents’ experience 62 6.4 Understanding orders 64 6.5 Advice from Family Court staff 66 6.6 Summary 66 7. The court process 67 7.1 Defending a temporary order 67 7.2 Proceeding to final orders 67 7.3 Orders dealt with ‘on notice’ 68 7.4 Why some defences do not proceed 69 7.5 Respondents’ experience 71 7.6 The 42-day rule 72 7.7 Use of other professionals 74 7.8 Protected persons’ experience 74 7.9 Concurrent criminal court cases 75 7.10 Withdrawals and discharges 77 7.11 Re...

5. [2021] NZEmpC 123 20 District Health Boards v New Zealand Nurses Organisation [pdf, 190 KB]

   ...directions were made at this morning’s conference following discussion with counsel: (a) the Registrar is to set the matter down for an urgent hearing at the Employment Court Wellington on Wednesday next week; (b) the DHBs are to file and serve a statement of claim in the Court by 5pm today; (c) any statement of defence or other response to the claim is to be filed and served by midday Monday 9 August 2021; (d) the affidavit of Ms Aitcheson filed on behalf of the DHBs and da...

6. [2008] NZEmpC WC 20/08 Musa v Whanganui DHB and Soloman [pdf, 40 KB]

   ...District Health Board] is vicariously liable to Mr Musa for the actions of Mr Solomon in circumstances where Mr Solomon was not authorised to act on behalf of the DHB and did not purport to do so.” [3] Since its removal, the plaintiff has filed a statement of claim. The first defendant filed a statement of defence. The second defendant applied to strike out the claims against him. [4] The sole ground of the application to strike out is that the cause of action pleaded agains...

7. [2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]

   ...matter was not before the Authority or the Court on the basis of a strike-out application. [12] Secondly, such a process would not have been appropriate. Each party brought a challenge so that a focus on assertions contained in their respective statements of claim would not have led to a constructive analysis. On the basis of the pleadings parties were in agreement on some matters; but on other matters they differed. [13] Accordingly, the correct approach in this case is for...

8. [2020] NZEmpC 212 BL & SL Porter Ltd v Higgs [pdf, 160 KB]

   ...to a contribution to the costs incurred in defending this proceeding. [8] However, I do not accept that the contribution sought by the advocate for the defendant is reasonable in all of the circumstances. Two documents were filed – a brief statement of defence and a short memorandum for a directions conference. There was also a brief attendance at a case management conference. Standing back, I consider that a reasonable contribution to the defendant’s costs on the plaintiff...

9. 10.2 Appendix B: New terminology

   ...trial callover memorandum (TCM) - A proceeding will be adjourned to a trial callover after case review (if still defended) if the defendant has elected jury trial or the proceeding is for a category 4 offence. Prior to trial callover the prosecutor and defence lawyer must file formal statements, and a TCM. The memoranda contain trial management information (such as estimated duration of the prosecutor's and defendant's case, and the number of witnesses to be called), and details of any pretrial...

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10. Kropelnicki v Wellington City Council (Strike-Out) [2021] NZHRRT 30 [pdf, 110 KB]

    ...denies any discrimination occurred. It says Mr Kropelnicki had a fixed term tenancy which ended because the premises in which he was living were soon to be demolished. [4] On 6 August 2019, the Tribunal directed Mr Kropelnicki to file an amended statement of claim. He has yet to do so. [5] The issue determined in this decision is whether Mr Kropelnicki’s claim should be struck out because his continued failure to comply with Tribunal directions to file an amended statement of cl...