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1. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

   ...logically precedes its investigation and determination. In these circumstances I did not direct the Authority to make those factual findings in view of the parties’ confidence that the question referred could be decided on the basis of the statements of problem and in reply in the Authority together with the agreed relevant facts. [3] Accepting the burden of persuading the Court that the Authority cannot do so, Mr Cranney for the defendants advanced the following argume...

2. CAC 10020 v McDonald [2013] NZREADT 89 [pdf, 57 KB]

   ...to us that, due to the poor quality of the signature on the form of agency agreement supplied by the defendant, he could not be sure whether it was the genuine signature of Mr R J Kamau but, overall, he opined it was not genuine. Evidence for the Defence [18] Although this matter proceeded by formal proof as noted above, we received a signed statement of evidence from the defendant dated 16 December 2010 together 5 with a signed statement of evidence in support of the defenda...

3. [2016] NZEmpC 86 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 182 KB]

   ...Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC) Second Defendant AND THE EMPLOYEES LISTED IN SCHEDULE A OF THE STATEMENT OF CLAIM Third Defendants Hearing: 27 June 2016 (Heard at Auckland) Appearances: P Kiely and S Worthy, counsel for plaintiff J Lawrie, counsel for first defendant and third defendants who are members of t...

4. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...further and better particulars of the allegations made and evidence in support by 23 October 2015, following which the trustees would have one month to reply. 1 On 13 May 2016, counsel Mr Calver was given a further opportunity to file an amended statement of claim by 3 June 2016 and any evidence by 22 July 2016. 2 [4] The amended application was filed on 2 June 2016. The applicant now seeks: (a) An order reviewing the terms and operation of the trust per s 231 of the Act; (b)...

5. TI(G)M v Hanning [2020] NZIACDT 1 (9 January 2020) [pdf, 138 KB]

   ...the Essential Skills visa could be requested. An application to change the visa would not be considered unless it was made before the deadline set. [23] The complainant sent a text to Ms Hanning on 17 November 2017 advising he had sent his “statement” to her. He also sent to her on the same day an email explaining what had happened to him in the period from March to July 2012 (this is presumably his statement). [24] Following a discussion between Ms Hanning and the complai...

6. [2011] NZEmpC 87 Mason Engineers NZ Ltd v Hodgson oral judgment [pdf, 48 KB]

   ...82. exercised her entitlement to make limited withdrawals from those accounts as set out in paragraph [11] of the Court’s judgment of 8 July 2011. 4. The defendant has 30 days from last Tuesday 12 July 2011 within which to file and serve a defence to the proceeding and Ms Mansell has calculated that this period expires on or about 10 August 2011. If Ms Hodgson elects to defend the proceeding, she will have to take steps to do so by that date, in which case she or her represen...

7. [2012] NZEmpC 22 Vine-Tech Contracting Ltd v Wattam [pdf, 14 KB]

   ...reasons. After consulting with counsel, all parties requested me to give a decision today without reasons. [4] The challenge is unsuccessful. I sustain the remedies awarded by the Authority, that being what was sought by the defendant in the statement of defence. The only exception to that is in relation to the reimbursement for lost earnings by Mr Wattam. [5] Although the parties have expressly agreed that a decision be given today without reasons, I will say that I very l...

8. [2012] NZEmpC 22 Vine-Tech Contracting Ltd v Wattam [pdf, 14 KB]

   ...reasons. After consulting with counsel, all parties requested me to give a decision today without reasons. [4] The challenge is unsuccessful. I sustain the remedies awarded by the Authority, that being what was sought by the defendant in the statement of defence. The only exception to that is in relation to the reimbursement for lost earnings by Mr Wattam. [5] Although the parties have expressly agreed that a decision be given today without reasons, I will say that I very l...

9. [2014] NZEmpC 57 Radius Residential Care Ltd v Hammond Interlocutory [pdf, 47 KB]

   ...conditions as (i) above. iv) Pending further order of a Judge, the defendant is to remain away from the worksite at Matua, Tauranga. [7] The plaintiff is to pursue this challenge diligently and expeditiously. Once the respondent has filed a statement of defence in these proceedings the Registrar will allocate a telephone directions conference date so that the matter may be progressed. [8] Leave is reserved to either party to apply for further orders or directions. [9]...

10. [2022] NZEmpC 73 Oliver v Biggs [pdf, 162 KB]

    ...further proceeding was filed by Mr Oliver pleading that the amount so awarded had not been paid by Mr Biggs. He sought a compliance order, and an order for solicitor/client costs. [3] The proceeding was served on Mr Biggs on 30 January 2022. No statement of defence was filed by Mr Biggs. [4] A telephone directions conference proceeded on notice to both parties on 23 March 2022. There was no appearance from Mr Biggs. I directed that Mr Oliver 1 Oliver v Biggs [2021] NZEmp...