Search Results

1. 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...

2. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-100-000119 [2010] NZWHT AUCKLAND 26 BETWEEN HAI CAO and YANMING TAO Claimants AND TONY TAY AND ASSOCIATES LIMITED (In Liquidation) First Respondent AND AUCKLAND CITY COUNCIL Second Respondent AND BRIAN WILLIAM NEWTH Third Respondent AND ALLAN CHRISTINI (Removed) Fourth Respondent AND TONY MENG HIANG TAY Fifth Respondent AND SELINA SIAW NYUNAK TAY Sixth Respondent AND JOHN WATTS TRAD

3. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...should be progressed in this Court or the High Court. The Employment Court proceedings [11] The Employment Court proceedings necessarily encompass the proceedings in the Authority which were removed to this Court. The plaintiff has now filed a statement of claim in lieu of its statement of problem in the Authority and it is this statement of claim dated 24 August 2011 that sets out the nature of the proceedings. The plaintiff’s original statement of problem from which the stat...

4. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 005 [pdf, 289 KB]

   ...symptoms of fatigue going back to his days in the RNZAF, when he had to have afternoon sleeps; the fatigue extended to mental fatigue, has persisted up to the present time, and has gradually worsened. Dr McBride disagreed with Dr Prestage’s statement that it was implausible that exposures between 1980 and 1986 would lead to symptoms commencing after such an extended period of time. Dr McBride noted that in 2005 Mr Jessup struggled with teaching, and around 2014 his ability to st...

5. Cameron v Hastings District Council [pdf, 87 KB]

   ...L Stevenson – Second Respondent 7.2 Mr Stevenson was the building contractor for the dwellinghouse. He has since incorporated a company but at the time was a sole trader and thus carries personal liability. 7.3 He said in his written statement that the dwelling was built "in good trade practice". Claim-02891- Determination.doc 12 7.4 In his report the WHRS assessor, Mr Phayer, said that the sill flashings had not been constructed exactly as drawn w...

6. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...Josephson submitted that Ford v Ryan was authority for the proposition that the purchaser’s knowledge or otherwise of any existing defects at time of purchase is not relevant because contributory negligence and volenti non fit injuria are not defences to contractual claims. It is correct that these defences are unavailable in contract. However MacKenzie J carefully examined whether the real estate agent’s knowledge that there was no CCC could be imputed to the purchasers befor...

7. LCRO 139/2015 WN v YL and TM [pdf, 190 KB]

   ...released, on reviewing this I discovered numerous deletion pertaining to the hand written notes. (pages labelled with point post its) 9. Concerned at the inaccuracy’s [sic] in the content of some of these notes 10. Without prejudice the following statement made by TM, speak volumes and require explanations! Reference email dated 12 July 2011! Whereby TM has stated in this email that “Whilst we understand that you have been required to for financial reasons, in our experience peo...

8. [2011] NZCA 56 CA687/2009 New Zealand Dairy Workers' Union Inc v Open Country Cheese Company Ltd [pdf, 142 KB]

   ...24 In doing so, Air New Zealand was not directing its staff to do the work for the benefit of Air Nelson but rather for its own benefit and in order to meet its contractual obligations [to the salmon producer]. [37] Judge Travis cited this statement to draw an analogy with the dominant relationship of the parent, Dairy Company, and its subsidiary, the Cheese Company. However, the issue in the Air Nelson case was different from this case – it was whether the work actually carr...

9. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   ...of this case, I refer to the plaintiff as Alison Schneller and her sister as Karen Schneller throughout this judgment to avoid possible confusion. • the costs that ought properly to have been awarded to Ranworth after its successful defence of proceedings in the Employment Relations Authority. [2] The monetary remedies at issue in the case are relatively modest. Alison Schneller claims reimbursement of lost income of $11,533 plus interest and distress compensation “...

10. Dotcom v Crown Law Office (AVL) [2017] NZHRRT 13 [pdf, 229 KB]

    ...at a District Court (particularly the District Court at Auckland). [3] Mr Dotcom and his legal representatives are Auckland-based while Ms Casey QC and the defendants’ witnesses are located in Wellington. [4] Mr Dotcom has filed one witness statement (his own) and the defendants have filed two witness statements. The Common Bundle of documents comprises 37 volumes. [5] By joint memorandum dated 3 April 2017 counsel advised the parties are agreed that all documents in the Common...