Search Results

1. [2010] NZEmpC 58 Student Management Software Solutions Ltd v Gordon [pdf, 20 KB]

   ...used as a call-over of the case so that it can be set down for hearing. The following are the directions made as a result of that call-over. [14] The plaintiff’s challenge is by hearing de novo. The defendant will file and serve an amended statement of defence in compliance with reg 20 of the Employment Court Regulations 2000 no later than 14 June 2010. [15] There is a direction to further mediation that should be undertaken as soon as possible. [16] The plaintiff anticipate...

2. [2008] NZEmpC AC 43A/08 James Denyer v Les Griffen Ltd [pdf, 19 KB]

   ...was provided on behalf of the defendant when the case was called on 13 October 2008. I observed that when the plaintiff’s application was first served upon the defendant it contained a notice advising the defendant that if it failed to file a statement of defence, the defendant could only defend the claim with the leave of the Court. The notice of hearing that was served on the defendant also made it clear that if the defendant did not attend the hearing the Court might, without...

3. [2009] NZEmpC AC 1/09 Allbright v Canon NZ Ltd [pdf, 20 KB]

   ...equal time to that allocated for commencing them. I accept Mr Rooney’s suggestion that the matter be assessed on a 2B basis. [13] In accordance with band B, the times allowed for the relevant events would be: Preparing and filing statement of defence 0.5 Appearance at telephone conference 0.2 Preparation for hearing 0.5 Appearance 0.5 ____ Total 1.7 days [14] In addition, I would allow an additional half day for dealing with evidential issues. Mr Rooney soug...

4. Practice Note: Hague Convention cases - mediation process [pdf, 32 KB]

   ...mediation, at the judicial conference a Judge may: (a) give leave to the applicant to withdraw the application; or (b) make orders by consent if the Court is satisfied that there is jurisdiction to do so. 6 NON-ADMISSIBILITY OF EVIDENCE 6.1 Any statement, or admission disclosed or made to a mediator or during the course of mediation is not admissible in any Court, or before any person acting judicially. 7 LAWYER FOR THE CHILD 7.1 If the child is of an age or has a level of m...

5. [2018] NZEmpC 161 Aslan Farms Ltd v Johnstone [pdf, 324 KB]

   ...extremely brief opportunity provided for the parties to address the orders that had been made. [4] On 6 December 2018 the Authority conducted an investigation into an application made by the defendant in this proceeding for interim reinstatement pursuant to s 127 of the Employment Relations Act 2000 (the Act). The Authority issued a determination on 19 December 2018 granting the application and ordering the defendant be reinstated to his former position as Farm Manager for...

6. [2020] NZEmpC 95 Rachelle v Air New Zealand Ltd [pdf, 195 KB]

   ...[5] The proceeding required extensive interlocutory steps all of which were necessary because of the way Ms Rachelle’s claim was presented. That is illustrated to some degree by the fact that, by the time of the hearing in December 2019, the statement of claim had evolved into a fifth iteration. Unfortunately, the repleaded claim remained opaque. [6] The steps taken before 1 August 2019 amount to 13.1 days. At the daily rate then applying the claim is for $29,213. For the...

7. Millar v Ministry of Social Development (Referral back to Human Rights Commission) [2014] NZHRRT 45 [pdf, 42 KB]

   ...against persons whose primary income is derived from a social security benefit and whose secondary employment qualifies them for weekly compensation from ACC. The application that the complaint be referred back to the Human Rights Commission [2] A statement of defence was filed on 20 June 2014. By subsequent application dated 8 September 2014 the Chief Executive of the Ministry of Social Development (MSD) has 2 applied to have this matter referred back to the Human Rights Commi...

8. EU v LX [2019] NZDT 1487 (23 October 2019) [pdf, 194 KB]

   ...disputed the debt. 3. EU now claims $4,122.33, comprising the balance of $3,111.43 together with collection costs of $653.40, a service fee of $70.00, and $287.50 for the cost of filing proceedings. 4. LX did not attend the hearing or present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: a) Is LX obliged to return the balance of the mistaken payment? b) Are any other costs or fees payable? Is LX obli...

9. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

   ...determination dated 4 August 2009. 2 [3] Ms Hamon has filed challenges de novo against both determinations. While wages and compensation are still sought, no penalty is now claimed. Pleadings [4] The pleadings are contained in an amended statement of claim filed on 31 August 2009 and a statement of defence filed on 23 October 2009. The statement of claim, being somewhat disjointed in form, is difficult to exactly follow. However, the plaintiff, Ms Hamon, ultimately claims...

10. Apostolakis v Attorney-General No. 2 (Strike-Out Application) [2017] NZHRRT 53 [pdf, 201 KB]

    ...Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mrs K Apostolakis in person Ms V McCall for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 1 December 2017 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION [1] The Attorney-General applies to strike out the plaintiff’s claim on the basis that it discloses no reasonably arguable cause of action and is an abuse of process. [2] Mrs Apostolakis then sought...