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1. UF v OU LCRO 90 / 2011 (20 March 2013) [pdf, 118 KB]

   ...and in the affidavit, ZB and UG alleged that OU had failed to identify a conflict of interest in continuing to act for all defendants, and that “one person’s interests [were] being sacrificed in the interest of another”1 i.e. that ZB’s defence was being sacrificed for WR. [7] OU objected to these allegations, particularly as they had not been put before him to respond to before they were included in the Court documents. A telephone conversation between OU and UG took place...

2. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 103 KB]

   ...excess of the time limit? [3] The relevant law is the tort of trespass to goods. RWW is not disputing that it towed the car away, so a prima facie case of trespass to goods is established. The burden is therefore on RWW to establish an affirmative defence, specifically a defence known as “distress damage feasant”. [4] The first element that must be proved for the defence of distress damage feasant is that the car was parked unlawfully. Mr WR, an employee of RWW, gave evidence...

3. [2023] NZEmpC 161 Te Whatu Ora – Health New Zealand v CultureSafe NZ Ltd (in liq) [pdf, 280 KB]

   ...this proceeding. [11] Two decisions in that set of litigation are pleaded as being reviewable. They concern a minute issued by the Court on 8 February 2022 and a decision striking out a proceeding issued on 13 September 2022.9 [12] The statement of claim, which raises Mr Halse’s application for judicial review in the Court of Appeal, recites the background. It then refers to s 27 of the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act) which, in summary, states t...

4. [2019] NZEmpC 100 NZ Compliance and Repairs Ltd v Mistry [pdf, 193 KB]

   ...Finnigan and J Ansell, counsel for defendant Judgment: 19 August 2019 JUDGMENT OF JUDGE M E PERKINS [1] These proceedings involve a challenge to a determination of the Employment Relations Authority dated 8 March 2019.1 [2] A statement of claim and statement of defence have been filed. Mr Finnigan, counsel for the defendant, filed a memorandum of counsel accompanying the statement of defence. He complained that the statement of claim did not fully and clearl...

5. [2021] NZEmpC 52 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 235 KB]

   ...applied for orders that the complainant employees in this proceeding – Harpreet Singh, Joga Liddar, Manpreet Singh Sidhu, Navjot Singh and Dupinder Jit Singh (the employees) – provide discovery of: (a) full and unredacted copies of all their bank statements; (b) full and unredacted copies of all their credit card statements; and (c) copies of all Western Union and/or Money Gram telegraphic transfer documents for all monies sent overseas for the periods of their employment by...

6. [2021] NZEmpC 2 Talent Propeller Ltd v UXK [pdf, 174 KB]

   ...The challenge, which the plaintiff has elected to pursue on a non-de novo basis, alleges that the Authority erred in law in making a permanent non-publication order in respect of the defendant’s name and identifying details. The plaintiff’s statement of claim was followed by the filing of a statement of defence on 27 August 2020. A telephone directions conference was convened on 14 September 2020 and issues relating to the nature and scope of the challenge were raised by couns...

7. [2009] NZEmpC AC 48/09 Discount Crane Hire Ltd v Taljaard [pdf, 23 KB]

   ...BETWEEN DISCOUNT CRANE HIRE LIMITED Plaintiff AND ANTON LIONEL TALJAARD (LABOUR INSPECTOR) Defendant Judgment: 9 December 2009 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The defendant Labour Inspector, Mr Anton Taljaard, lodged a statement of problem in the Employment Relations Authority in February 2009 claiming under the Holidays Act 2003 against the plaintiff, Discount Crane Hire Limited (“DCHL”). Mr Taljaard sought to recover annual holiday pay for two former...

8. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...law which counsel for Mr Smith submits are likely to arise in this matter, other than incidentally, were set out in the application for special leave. Factual background [4] Only a little of the factual background can be found in the amended statement of problem which claims that while Mr Smith was an employee of Evo he breached confidentiality terms in the written employment agreement on or around the time he had tendered his notice of resignation on 5 January 2009. This was t...

9. EMPC Form 1 - Example statement of claim regarding ERA determination [pdf, 408 KB]

   ...Central City Wellington First Defendant And The Joe Bloggs Company Limited of 23 Example Street Central City Wellington Second Defendant To the defendant And to the Registrar of the Employment Court Statement of claim Section 179, Employment Relations Act 2000 Election 1. I, the plaintiff, by filing this statement of claim, elect to have the Employment Court at Wellington hear a matter dealt with in a determination of the Employment Re...

10. [2010] NZEmpC 65 Fraser v CE of the Department of Corrections [pdf, 11 KB]

    ...the determination of the Employment Relations Authority1 following a call-over of the case at which his counsel advised the Court of his intention to discontinue. [2] The defendant seeks a contribution to his costs for preparing and filing his statement of defence and attendances at telephone conference calls with the Court. The defendant’s costs for these attendances are said to have been $5,000 (excluding GST) for filing his statement of defence, preparation for and attendance...