Search Results

1. [2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd [pdf, 261 KB]

   ...Authority and Kinetic Employment Ltd (KEL) in order to review the computer system(s); and (c) documents (electronic and hard copy) containing any confidential information belonging to KEL in their control or possession. [2] KEL has not filed a statement of defence but rather filed an appearance under protest to jurisdiction, saying that the Employment Court has no jurisdiction to determine this proceeding. [3] Ms Johnstone now applies for orders setting aside the appearance and...

2. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...counsel for the defendants Judgment: 23 July 2013 INTERIM JUDGMENT OF JUDGE A D FORD Introduction [1] The most challenging aspect of this proceeding has been to ascertain the real issue or issues between the parties. In their statement of claim dated 12 November 2012 the plaintiffs stated that they sought from the Court “a determination of the dispute over the interpretation, application or operation of clause 4.1 of the Secondary Teachers Collective Agree...

3. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...commenced relate to that. The relief variously sought includes payment of money, interest, an account inquiry and costs. [3] A preliminary issue has arisen under the Limitation Act 1950. The plaintiff’s pleadings [4] The original statement of claim filed with the Court in October 2001 set out three heads of claim and damages. No cause is specified but it is clearly based on breach of contract. [5] The plaintiff has delayed advancing his claim. Several case manageme...

4. Cooper v Hamilton Pharmacy 2011 Ltd (Discovery) [2018] NZHRRT 28 [pdf, 267 KB]

   ...AND BETTER DISCOVERY1 [1] These proceedings were filed on 11 October 2016. The original defendants were Hamilton Pharmacy 2011 Ltd (Hamilton Pharmacy) and Mr Graham Burnett, one of the four directors of Hamilton Pharmacy. However, by amended statement of claim dated 2 March 2018 Mr Burnett has been removed. The claim against Hamilton Pharmacy remains substantively the same as it was in the original statement of claim. 1...

5. [2017] NZEmpC 61 Ahuja v A Labour Inspector [pdf, 166 KB]

   ...Authority in these proceedings. The strike-out application is based on a failure to comply with orders of this Court. 1 In the alternative, the defendant seeks the imposition of an ‘unless’ order, requiring the plaintiffs to file and serve a statement of defence to the defendant’s statement of claim (as previously directed by the Chief Judge) by a specified date, failing which the challenge will be struck out. The defendant seeks two further conditions on any such order, n...

6. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...Maharaj notified Wesley that he considered the termination of his contract to be unjustified and that he would be seeking legal redress. [7] Correspondence between Wesley’s lawyer and Mr Maharaj continued until eventually Mr Maharaj filed a statement of problem in the Authority on 21 August 2006. Mr Maharaj’s stated employment relationship problem was a personal grievance and he also sought to establish that he was employed by Wesley as a homeworker. The remedies sought wer...

7. Miscarriage of justice - Scott Watson - Ministry's briefing to Minister June 2013 [pdf, 1.1 MB]

   ...not the lone man seen with Ms Hope and Mr Smart, and that he returned to his yacht alone in the early hours of 1 January 1998, remaining there until he sailed away from Endeavour Inlet at about 7am. Mr Watson did not give evidence at trial, but the defence called 26 witnesses. (A full summary of the respective cases is located at pages 51 to 61 of Ms McDonald’s report). 24. The following overview of the trial evidence is recorded in the judgment of the Court of Appeal (R v Watson,...

8. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...(1) This section applies to a claim— (a) of a kind specified in subsection (2) or (4); and (b) made in a civil proceeding commenced in a specified court or tribunal; and (c) against which the defendant could establish, or has established, a defence under this Part. (2) Subsection (1)(a) applies to a claim in respect of abuse of the claimant (A) when he or she was aged under 18 years, and that is wholly or partly sexual abuse of A by any 1 or more persons, or is wholly non-se...

9. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...where allegations are admitted, this summary of the case is only of relevant allegations and denials for the purpose of determining the interlocutory applications presently before the Court. [3] The relevant pleadings are the plaintiff’s amended statement of claim of 8 September 2010, the defendants’ amended statement of defence and counterclaim of 2 June 2011, and the plaintiff’s statement of defence to the defendant’s counterclaim of 6 July 2011. I note here that the defe...

10. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

    ...the Respondents [21] Throughout these proceedings Mr Smith has been primarily responsible for the conduct of the respondents’ case. In the early part of the interlocutory skirmishing, Mr Smith had an agent Mr Carlyle assisting him. From the statements of defence, various items of correspondence Mr Smith wrote to Mr Kennedy and from submissions filed after the conclusion of the substantive hearing on 26 February 2010 I outline the respondents’ major concerns. [22] At a genera...