Search Results

1. [2023] NZEmpC 77 Halse v Hamilton City Council [pdf, 203 KB]

   ...This judgment resolves an application by the first plaintiff, Mr Halse, for judgment by default against the defendant, the Hamilton City Council. The application is made on the ground that the Hamilton City Council has failed to file a statement of claim. [2] For the reasons explained, Mr Halse’s application is dismissed. It could have been struck out. Mr Halse challenges a determination of the Authority [3] Mr Halse is dissatisfied with a determination of the Employme...

2. [2011] NZEmpC 105 Mason Engineers (NZ) Ltd v Hodgson [pdf, 49 KB]

   ...1 [2011] NZEmpC 82. a defendant’s competence in law to defend significant proceedings as these are. The following directions will take account of that contingency. (a) The plaintiff will file an amended statement of claim by 26 August 2011 which will quantify its losses as it must if it is to seek judgment. (b) I require a without notice application for directions as to service to accompany the amended statement of claim when it is filed. If...

3. [2006] NZEmpC AC 37/06 Schneller v Ranworth Healthcare Ltd [pdf, 34 KB]

   ...dealt with Alison Schneller. [3] As the Employment Relations Authority’s determination records, the Authority was faced with a conflict between what Karen Schneller told its investigation meeting had happened and the contents of a written statement dealing with these matters that Karen Schneller had signed as a statement of evidence shortly after Alison Schneller’s proceedings were issued in the Authority. Although, I infer, Karen Schneller gave evidence to the Authority on...

4. Chief Victims Advisor report Thats a lie PDF [pdf, 693 KB]

   ...cross-examination as emotional or delinquent, with the implication that their evidence was not credible or that they were unreliable. • Cross-examination was characterised by a leading style of questioning, facilitating control of the content and narrative by defence counsel. • Statements were routinely made by defence counsel that complainants were lying, and often made explicitly and in an accusatory manner. The key issues posed by this style of cross-examination are: • H...

5. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...Dell’s account of his difficulties in dealing with the company during the period of his employment. [13] The time for challenging the Authority’s determination as of right expired on 7 September 2012. On 5 September 2012 Ngai Tupango sent a statement of claim to the Employment Relations Authority challenging its determination. This was the wrong recipient. Ngai Tupango’s Tane Rakau says that it supposed that its challenge would be lodged with the body whose decision was cha...

6. Court materials for interpreters [pdf, 97 KB]

   ...include: • copy of the Notice of Appeal • a summary of the evidence given at the lower court hearing • written submissions Family and Civil proceedings: Family • Application • Affidavit in support of application • defence • affidavit in support of defence • any specialist reports prepared for the court Civil At the District Court: • statement of claim • response of the defendant • replies In the High Court: • statement of claim...

7. LCRO 133/2017 AD v BE (18 September 2019) [pdf, 349 KB]

   ...and on 16 September 2016 the matter was adjourned for a further two weeks to allow those discussions to continue. (h) On 25 September 2016, Mr BE gave instructions to fully defend the liquidation proceedings. (i) Mr AD “had already drafted a statement of defence and affidavits in support but did not have sufficient evidence to finalise the affidavit in support”. (j) [EJP] was placed into liquidation by an Associate Judge at the hearing on [Date] 2016. (k) Mr BE subsequentl...

8. [2012] NZEmpC 62 Quan Enterprises Ltd v Fair [pdf, 70 KB]

   ...an award of court costs” but, with one exception, I do not accept that submission. I do not need to identify the particular items in question. Suffice it to say, I accept that they were all matters reasonably incidental to the successful defence of the plaintiff’s claim. The exception I refer to is a claim of $1,504 for costs on account of a mediation. I will need to come back to this issue. The plaintiff also challenges the 80 per cent figure and claims that the appropri...

9. [2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 233 KB]

   ...plaintiff’s proposed interrogatories. Interrogatories [13] Questions of relevance and, to some extent at least, of privilege and confidentiality of documents and evidence, are determined by reference to the pleadings, that is the statements of claim and defence setting out the issues that the Court must determine. The latest pleading filed for the plaintiff is her first amended statement of claim filed on 11 April 2014. The plaintiff’s causes of action are as...

10. [2010] NZEmpC 49 Assured Financial Peace Ltd & Anor v Pais [pdf, 12 KB]

    ...expectation that that sum will be paid in, but will continue beyond 31 May only upon payment in. [3] I reserve leave for either party to apply for any orders affecting that order for stay. [4] In my minute of 19 April 2010 I had indicated that if a statement of defence had been filed and served by today, we might have been able to set the matter down for a hearing. No statement of defence has yet been filed. However, I am of the clear view that the case would benefit, even signi...