Search Results

1. [2022] NZEmpC 121 Matajod v Crazy Horse Ltd [pdf, 41 KB]

   ...the Employment Relations Authority. The defendant wishes to cross challenge the determination but is required to seek leave because of the timeframes involved. The defendant also wishes to defend the plaintiff’s challenge but did not file a statement of defence within the applicable timeframes. Leave is now required to defend the claim, and an application to enable that to occur has been filed. That application is opposed by the plaintiff. In addition, the plaintiff has filed...

2. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

   ...reasoning, and that the sum of $10,000 should be paid to him, together with interest on that amount. Procedural matters [4] As in the Authority, NZCL has taken no steps with regard to the present challenge. An affidavit of service of the statement of claim has been placed before the Court, confirming that the company was served on 16 May 2018. No statement of defence was filed within the time limit provided for in the Employment Court Regulations 2000 (the Regulations), and t...

3. [2025] NZEmpC 91 LDJ v EZC [pdf, 280 KB]

   ...that clear. There is a difference between being able to understand a matter and being able to give instructions. Giving instructions necessarily involves being able to make and communicate decisions about a matter.11 [28] In any case, the statements made by the Court of Appeal in Corbett about a party’s ability to give instructions are obiter because the plaintiff in that case did not understand the issues on which his decision would be required as a litigant. 10 At [43](...

4. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...[3] Prior to the substantive hearing, there were issues as to whether the correct defendant(s) had been cited. The plaintiff initially sought judgment against the second defendant only; ultimately the plaintiff filed and served a second amended statement of claim which cited the first defendant company, Bruce Wilson Painting & Decorating Limited, and the second defendant, Bruce Wilson t/a Wilson Painting & Decorating. Although the primary issue is the identification of the c...

5. Practice note: Family Court caseflow management [pdf, 1.6 MB]

   Family Court Caseflow Management Practice Note Family Court Caseflow Management Practice Note March 2011 i INTRODUCTION Many changes in family law have occurred since the first comprehensive Family Court Caseflow Management Practice Note was published in 1998. This revised Practice Note is designed to update that document in light of a number of legislative and practice changes that have taken place since that time. The Care of Children Act 2004 brough

6. Simmons v Board of Trustees of Newlands College (Strike-Out Application) [2014] NZHRRT 60 [pdf, 65 KB]

   ...AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mr PF Simmons in person Ms GJE Stone for defendant DATE OF DECISION: 23 December 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the Board of Trustees of Newlands College (the Board) for an order striking out the whole of the amended statement of claim on the grounds: [1.1] The amended statement of c...

7. OIA-101731.pdf [pdf, 12 MB]

   ...Design .................................................................................................................. ...... 4 1.1 Group Two: Duty Lawyer Operational Policy ........................................ .. ............. 4 1.1.1 Problem statement ................................................................... ...................... 4 1.1.2 Current state .................................................................................................... 5 1.1.3 Future S...

8. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...trial. Conclusion [20] For all these reasons I consider the justice of the case requires that the extension of time sought ought to be granted. [21] The granting of leave is subject to the plaintiff paying the filing fee and filing his statement of claim in the Court within 7 days from the date of this judgment. [22] Once the statement of claim has been filed and endorsed by the Registrar it is immediately to be served on the defendant’s address for service. [23] The de...

9. [2013] NZEmpC 160 Dr X v a District Health Board [pdf, 74 KB]

   ...patient suffering from Creutzfeldt-Jakob disease who later died, and five days later operated on the plaintiff’s son, successfully applied for permanent non-publication orders. In that case, the proceedings against Dr XY were discontinued after a statement of defence was filed. The doctor sought permanent name suppression and this was granted by the High Court, with Associate Judge Doogue stating that: 11 There does not seem to be a need to demonstrate to the public that just...

10. [2014] NZEmpC 3 NZ Amalgamated Engineering Printing & Manufacturing Union v Sealed Air (NZ) [pdf, 38 KB]

    ...trial. The best assessment I can make is by discerning the parties’ positions on this issue from the pleadings and comparing that to the agreed outcome. [7] When the proceeding was removed into the Court, the plaintiff was required to provide a statement of claim to replace the statement of problem lodged in the Authority. The defendant then provided a statement of defence and counterclaim which was subsequently amended. Those documents defined the issues before the Court....