Search Results

1. FU v UN LCRO 244 / 2010 (6 October 2011) [pdf, 89 KB]

   ...America as claimed by UN. FU’s lawyer pointed out that UN’s letter to ACB was incorrect and misrepresented the terms of the agreement. He sought a retraction of the letter by UN. [16] At all times thereafter UN has refused to retract the statements in the letter, and in correspondence with the Complaints Service and this Office, has deflected requests by FU that he do so, by continuing to maintain his client’s assertions that the agreement was voidable at his client’s opt...

2. TU v Hakaoro [2013] NZIACDT 67 (8 October 2013) [pdf, 164 KB]

   ...Tribunal put its concerns to Mr Hakaoro at the hearing, that his evidence was not consistent with the Tribunal’s understanding of the complainant’s immigration opportunities, and the steps available to assist her. Discussion Mr Hakaoro’s defence [57] At the oral hearing it became apparent the main thrust of Mr Hakaoro’s defence involved two propositions: [57.1] Mr Hakaoro, prior to being licensed on 24 June 2011, did not undertake or promise to undertake any immigration wor...

3. Director of Proceedings v Crampton (Costs) [2015] NZHRRT 39 [pdf, 51 KB]

   ...Director’s case [6] In relation to the pre-legal aid period (20 May 2014 to 13 April 2015) the Director submits additional and unnecessary expense was incurred as a direct result of Mr Crampton’s conduct. Examples follow: [6.1] The original statement of reply filed by Mr Crampton was described by the Chairperson as “bereft of meaningful content”. Mr Crampton then ignored the Director’s request that he (Mr Crampton) file a more explicit and particularised statement of reply...

4. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...interrogatories 1(b), (e) and (f) on the basis that they do not relate to a matter in question between the parties. In response, Ms Wara submitted that these interrogatories relate to the state of the applicant’s finances and test the credibility of statements he has made regarding his financial position. Ms Wara says that the interrogatories centre on matters Mr Kingsnorth has raised in his evidence and are therefore relevant. [20] In terms of the opposed interrogatories; ques...

5. [2020] NZEmpC 176 Gates v DC Cladding and Re-Clad Solutions Ltd [pdf, 219 KB]

   ...there was no appearance for the defendant. The notice of hearing sets out the consequences of non-attendance, as does the witness summons. The matter proceeded in their absence. [15] The summons required that Mr Cook bring with him all bank statements, books of account and financial records for the financial year ending 31 March 2019, relating to DC Cladding. As a result of Mr Cook’s non-attendance and the failure to produce financial records, the Court had no material before...

6. [2021] NZEmpC 219 E Tū Inc v Rasier Operations BV [pdf, 231 KB]

   ...service, the Court must determine the real nature of the relationship between them. That requires the Court to consider all relevant matters, including any matters that indicate the intention of the parties. It is not to treat as determinative any statement by the persons that describes the nature of their relationship. It follows that contractual documentation that labels the parties will be relevant but is simply one piece of a much larger puzzle which the Court is required, un...

7. [2021] NZEmpC 218 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 227 KB]

   ...length of the delay. (3) Any prejudice or hardship to any other person. (4) The effect on the rights and liabilities of the parties. (5) Subsequent events. (6) The merits of the proposed challenge. [19] As has been noted previously,6 the statements in An Employee v An Employer must now be read in light of the Supreme Court’s judgment in Almond v Read.7 In that judgment, the Supreme Court emphasised that the ultimate question in such a case is what the interests of justice...

8. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

   ...Mr Hayllar had undergone a drugs test on 18 March 2010 which had returned a positive result for cannabis use and Mr Matene had undergone an earlier test on 30 April 2010 which had also returned a positive result for cannabinoids. [5] In its statement of defence, the defendant denies the allegations made by the plaintiffs and pleads in relation to both claims that the plaintiffs were justifiably dismissed for breaching their rehabilitation contracts “knowing the consequences.”...

9. McKinney v Cassidy [pdf, 259 KB]

   ...consultants’ costs of $16,944.99, other costs totalling $24,636.67 and general damages. 4.3 As the hearing progressed there were further adjustments made to the amounts being claimed, which is not particularly surprising as when the witness statements were filed the remedial work had not yet been fully completed. I asked Mr Locke to file an updated schedule of the repair costs on the second day of the Hearing, which showed the following amounts: Lump Sum contract prices...

10. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

    ...the company had not acted in good faith to rectify her allegations and that it had continued to aggravate her financial situation and push her into financial hardship and dependency. [38] In her submission, Ms Dowlut appears to suggest that the statements placed before the Court by Mr Hughes are not proved satisfactorily. She relies on s 10 of the Defamation Act 1992; that provision makes it clear that it applies only to a proceeding for defamation, which is not the case here. [...