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1. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...8. I will deal first with the application for removal based on section 393(2) of the Building Act 2004. In this regard I would note that the second respondent, Lockhead Design Limited, did not specifically raise the limitation defence in its application for removal. However as I indicated at the hearing, if this defence is successful in relation to other respondents, it would also apply to Lockhead Design Limited. Accordingly the application for removal based...

2. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

   ...decision has two effects, firstly it estops (prevents) the parties from disputing any fact or issue established in the decision, raising an issue estoppel. Secondly, by finally determining the rights asserted by the parties in their claim or their defence, the decision merges those rights to produce the final outcome of the dispute. This extinguishes the prior rights and bars the parties from re-litigating the outcome.1 10. The reasoning behind the doctrine is that litigation should b...

3. [2010] NZEmpC 14 Mars Petcare NZ Ltd v MCWU & Ors [pdf, 16 KB]

   ...orders from the Court on that occasion and no directions were given. [4] Unfortunately, very shortly after midday today, a request was received from the plaintiff’s solicitors for a hearing at 3 pm this afternoon. Mr Clarke was able to file a statement of defence on behalf of the defendants although, as I have already said, they have not been able to supply evidence and in a sense the hearing was what lawyers call Pickwickian, not without notice but with bare notice and only re...

4. [2008] NZEmpC CC 16/08 Nordic Power Dessicants NZ Ltd v Legge [pdf, 15 KB]

   ...had been employed by the plaintiff and that he had been unjustifiably dismissed. The plaintiff challenged that determination in proceedings commenced in the Court on 21 December 2006. [2] Initially, the proceedings followed the usual course. A statement of defence was filed. I then held a telephone conference with the parties’ representatives on 4 April 2007. Pursuant to s188(2) of the Employment Relations Act 2000, I directed the parties to mediation. I also directed Mr Mali...

5. [2013] NZEmpC 77 The Salad Bowl Ltd v Howe-Thornley [doc, 45 KB]

   ...debt by the defendant happened relatively rapidly. The Authority’s determination, finding the plaintiff liable to the defendant, was issued on 1 February 2013. The plaintiff’s challenge was filed in time on 28 February 2013. The defendant’s statement of defence was filed on 11 April 2013 and this application for stay was filed on 3 May 2013, although without supporting affidavit evidence which has now been supplied. The defendant has now filed a notice of opposition to the application...

6. [2013] NZEmpC 123 Grocott t/a Fluffy's Roof Coatings v Parratt [pdf, 55 KB]

   ...originally filed by the plaintiff, he challenged the whole of the determination and sought a hearing de novo but made allegations of fact relating solely to the personal grievance. In the absence of any amended pleading of his claim disclosing a defence to the wages claim, the inference to be drawn is that the plaintiff’s challenge to the Authority’s order to pay the arrears of wages was vexatious. [9] The starting point for an award of costs in this Court is usually two thirds o...

7. Hall - Opepe Farm Trust (2009) 86 Taupō MB 36 (86 TPO 36) [pdf, 494 KB]

   ...a formal application to the Court but may be by letter to be referred to the resident Judge who may then adopt such procedures as he thinks fit. [11] The respondents are directed to file in Court a response to the application in the form of a statement of defence and serve a copy on the applicant not later than the 3rd of July 2009. [12] This file is then to be referred to the resident Judge, Judge Savage to manage and to arrange a special fixture presumably for the August sitting...

8. Criminal Cases Review Commission: June 2020 newsletter [pdf, 635 KB]

   ...scientist who has worked in universities and research institutes, and is currently Medical Director, Health Group, at the Institute of Environmental Science and Research (ESR). You can read more about the appointees here in the Minister’s media statement. I have no doubt that we have a Commission with the skills and experience to handle the CCRC’s principal function of investigating and reviewing convictions and sentences and deciding whether or not to refer them back to an appeal...

9. [2022] NZEmpC 79 Ngawaka v Global Security Solutions Ltd [pdf, 163 KB]

   ...The scale does not, however, replace the Court’s discretion. [6] In this case both parties represented themselves at the hearing. Initially, however, Global Security was represented by counsel. The company’s counsel prepared and filed a statement of defence and appeared at two telephone directions conferences in anticipation of which a memorandum was prepared and filed. [7] As a consequence of one of those directions conferences, the proceeding was provisionally assigned...

10. [2023] NZEmpC 40 Straayer v Employment Relations Authority [pdf, 180 KB]

    ...application for stay of proceedings, that is, of the application for costs. [4] The basis for the stay is, in summary, that there was a mistake in law in the judicial review proceeding because the Employment Relations Authority did not file a statement of defence to Mr Straayer’s claim and did not participate in the judicial review proceeding. Mr Straayer’s point is that this means there was a breach of certain provisions of the Judicial Review Procedure Act 2016. [5] An al...