Search Results

1. [2012] NZEmpC 135 Yu v Symbol Spreading Ltd [pdf, 65 KB]

   ...been overpaid in the sum of $8,062.20. Mr Yu claimed that the Authority had duplicated his weekly payments because the sum of $15,250 was actually included in the $29,705 figure which the Authority had labelled “commissions”. [6] In its statement of defence the company, through its representative, Mr Li, pleaded that the Authority had not made a mistake. Relevantly it stated: 2b) Mr. Yu’s monthly income consists of two parts. The first part is the commission which var...

2. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...increase the awareness of Parliament members and the Judiciary regarding the Covenant; (b) whether the State party intends to create a mechanism to ensure full compatibility of domestic law with the Covenant. 2. What measures are taken to respond to statements from the courts when legislation is inconsistent with human rights? Please clarify whether the courts have jurisdiction to issue a formal declaration of incompatibility (para. 14 of the State party’s report) and provide detaile...

3. [2013] NZEmpC 88 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 104 KB]

   ...particular, by Mr Tayler as his advocate. Mr Tayler submits that despite repeated judicial directions, Mr Davidson’s advocate, Mr Hunt, failed or refused to comply with those directions for a period of four months during which time four amended statements of defence were filed and threats of litigation, both veiled and actual, were made against Mr Tayler personally. Mr Tayler submits that although these have amounted to nothing, the hearing of the challenge was delayed unnecessa...

4. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 34 [pdf, 178 KB]

   ...finding is relevant in that it relates to the respondent’s failure to take care to recognise duties and avoid conflicts of interest as is the issue in the these charges. (c) That the respondent has taken an overly technical approach to the defence of these charges. As an example of that approach he sought to have Charge 1 struck out rather than focussing on the conduct alleged. It was counsel’s submission that such an approach was not in accord with the purpose or spirit of...

5. Tukiri - Te Kopua 3 and 4 (2002) 98 Waikato MB 100 (98 W 100) [pdf, 239 KB]

   ...consents to act as trustees and it is in respect of these six persons that Mr Tukiri seeks an order appointing them as trustees in place of the existing trustees. The land has had a chequered history. It was taken during the Second World War for defence purposes. Once it was no longer needed for those purposes it was otherwise dealt with by the Crown. After a prolonged struggle led by the late Mrs Rickard the Crown agreed to return the land and it was vested in the owners at the t...

6. [2019] NZEmpC 43 Moody v Chamberlain [pdf, 241 KB]

   ...between the disabled persons and their respective parent carers, and that if the FFC Policy (properly interpreted) requires an employment relationship, it is between the parent carers and the Ministry of Health. The Attorney-General has filed a statement of defence to these allegations. [9] It follows from the pleadings that a number of core issues will arise in respect of the alleged employment relationship, including the capacity of a disabled person to be an employer and if th...

7. 12 June 2020 Weston Lea Limited v Hamilton City Council & Director-General of Conservation v Hamilton City Council [pdf, 266 KB]

   ...and participants safe under Alert Level 2 Hygiene Each Ministry and court site has a designated site manager who, amongst other things, is responsible for overseeing health and safety and hygiene at that site. The best form of defence against contracting the virus is good hygiene. Hand sanitiser is available in all buildings. This includes at main entrance points. Toilets contain antibacterial soap, which are regularly refilled by the cleaners onsite. Clean...

8. MU v QT Ltd [2024] NZDT 210 (4 March 2024) [pdf, 104 KB]

   ...order that he is not liable to pay: a) $190.00 for the other two breach fees of $95.00 each; or b) $450.00 for the six recovery/administrative fees he received before filing his claim. 4. QT Ltd did not appear at the hearing or provide any defence to the claim. The absence of a party does not prevent the claim going ahead. QT Ltd’ email to MU dated 23 June 2023 has been considered in making my decision. 5. The matter had been set down for hearing in December 2023 and was a...

9. [2023] NZEmpC 91 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 200 KB]

   ...considering the appropriate reduction to the costs award. The scale assessment [17] Focusing on the Guideline Scale assessment advanced for Mrs Hilford, there are two aspects which are incorrectly claimed. They are: (a) An allowance for filing a statement of defence and for preparation in respect of the defendant’s counterclaim for a sanction – these items are not, in the circumstances, appropriately claimed for the reasons I have given. (b) The amount claimed for both...

10. [2024] NZEmpC 111 Citadel Capital Ltd v Miles [pdf, 193 KB]

    ...the plaintiffs do not raise any objection to items 29 and 32 in relation to the notice of opposition and the appearance at the hearing. I observe, however, that the opposition which was filed to the stay application was included as part of the statement of defence to the plaintiffs’ challenge. I consider that 0.6 days for that part of the application is too high. [17] On the other hand, the plaintiffs object to costs being granted in relation to items 30 and 31, which relate to...