Search Results

1. [2012] NZEmpC 203 Tinkler v Fugro PMS PTY Ltd & Pavement Management Services Ltd [pdf, 111 KB]

   ...were reasonable. Parties seeking costs are required to establish the basis for the award they seek. They fail to do so at their peril. [8] The hearing took nearly a full day. It is apparent that Fugro’s counsel was required to consider the statement of claim and prepare a statement of defence, 6 peruse the affidavit and brief of evidence filed on behalf of Mr Tinkler and to prepare and file a brief of evidence in response (from Mr Yeaman). Mr Yeaman’s brief of evidence wa...

2. DT v BJ Ltd [2021] NZDT 1353 (21 January 2019) [pdf, 251 KB]

   ...claim against you or any action against anyone else”. 7. BJ can decline a claim for failure to comply with any of the conditions. 8. The policy also sets out separately policy conditions. These include a requirement to give full and accurate statements. This section of the policy states: “Ýour policy with us relies on the accuracy of the information you provide to us. You must provide full and accurate information and answer honestly, correctly and completely all question...

3. [2023] NZEmpC 76 McMillan v Resque Corporation 20/20 Ltd [pdf, 194 KB]

   ...the person in default be sentenced to imprisonment for a term not exceeding 3 months: (d) order that the person in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [10] The statement of claim sought a fine, an order for the sequestration of the defendant company’s property, interest on the money outstanding in accordance with the Interest on Money Claims Act 2016 and costs. [11] This morning Mr Johnston expl...

4. 2024 NZPSPLA 067.pdf [pdf, 103 KB]

   ...accepting he received the directions and knew he was required to do so. HIs only explanation was that he was not very good at writing and wanted to give his response verbally at the hearing. [6] Police therefore had no advance notice of Mr Biddle’s defence or the issues that were in dispute. Because of this the only additional evidence they had was a statement from a police officer that attended the event at the local tavern. They would have had the police officer and other potent...

5. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...success on the challenge which he should not be denied by virtue of a very short delay in filing the challenge. It is in the interests of justice that he be granted leave. [25] The application is granted. Mr Tamarua now has leave to file his statement of claim. The filing fee will need to be paid before the challenge can be advanced. The time for filing a statement of defence will run from that date as advised to the defendant by the Registrar. Costs [26] In the ci...

6. Watene raua ko Ema Kawiti Whānau Trust v Kawiti - Motatau 2 Section 65A (2016) 139 Taitokerau MB 136 (139 TTK 136) [pdf, 74 KB]

   ...evidence in advance of the hearing. That includes an affidavit, exhibits, and a letter setting out the allegations against the respondent. The respondent filed various receipts and invoices shortly before the hearing, but did not file a brief or statement of evidence. Rather, his evidence was presented orally today. Having heard that evidence, the applicant now seeks an adjournment to prepare evidence in reply. Mr Hockly does not object to the request for an adjournment recognisin...

7. [2018] NZEnvC 223 Burgoyne v Northland Regional Council [pdf, 2.1 MB]

   ...(g) My brother, who passed away approximately 3 years ago, had the same problem and went blind approximately 8 years ago and then had to go on to dialysis. (h) At this stage I have no legal counsel, so I feel I would not be able to put up a proper defence relating to the appeals. (i) So under the Bill of Rights I would possibly not be able to get a fair hearing. (j) Please note, A Burgoyne and H E KareKare have worked with the Environmental Court for approximately 3 years on the Northl...

8. [2019] NZEmpC 42 McNabb v Silver Fern Farms Ltd [pdf, 253 KB]

   ...arguments if Ms McNabb is held to have been unjustifiably dismissed (which is denied): (a) that no remedies are available to her due to her pre-dismissal disentitling conduct, whether known or unknown at the time of the dismissal;2 (b) that reinstatement is inappropriate given Ms McNabb’s pre- and post- dismissal behaviour against both her former partner and his subsequent 2 Relying on the Employment Relations Act 2000, s 123; Ar...

9. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 19 [pdf, 335 KB]

   ...down the sides of the doors to stop the weather are inadequate. He said that Fearon, Windows and Mr Cook should have ensured that moisture ingress through the pivot doors would not occur. Mr O‟Connor acknowledged that there was no producer statement. He had not asked for one. He had assumed that his advisers would obtain one. [27] The first issue to be determined is whether the pivot doors leak. If they do, then the cause of the leak can be considered and any consequent...

10. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

    1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS AND IDENTIFYING PARTICULARS OF BOTH PLAINTIFFS (2) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS AND IDENTIFYING PARTICULARS OF FIVE OTHER INDIVIDUALS (3) ORDER PROHIBITING PUBLICATION OF CERTAIN OTHER PERSONAL INFORMATION (4) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 24 I TE TARAIP