Search Results

1. [2012] NZEmpC 67 Penney v Fonterra Co-Operative Group Ltd [pdf, 78 KB]

   ...hours of work was reasonably required. That is especially so given that the defendant’s solicitors had acted throughout the proceedings before the Authority and were therefore fully conversant with the facts and the issues. For example, the statement of defence was a simple document less than three pages long when double spaced but is said to have taken 5.6 hours to prepare. It is said that 12 hours were required to prepare the defendant’s evidence which comprised a 31 paragr...

2. [2013] NZEmpC 6 Weston v Advkit Para Legal Services Ltd [pdf, 70 KB]

   ...Advkit’s application for a rehearing. These actions necessitated Mrs Weston herself having to obtain affidavits. He referred to the failure of Advkit to meet deadlines proposed by the Court, complained of the use of hearsay evidence and hearsay statements, referred to evidence of a peripheral nature, on which I commented adversely in the judgment, and submitted that they all justified indemnity costs. Discussion [15] I am not persuaded that the analogy of the District Court Ru...

3. [2013] NZEmpC 128 Taiapa v Te Runanga o Turanganui a Kiwa [pdf, 38 KB]

   ...monetary elements of it were not for the recovery of any sum of money from the plaintiff but, rather, for compensation for lost remuneration and otherwise. [9] Other factors said to be in favour of an award of costs are that, on some blog sites, cruel statements about one of the defendant’s witnesses were made after judgment and that Mr Taiapa participated in a television programme about his case. Any element of compensation for the consequences of these incidents, however, is no...

4. [2015] NZEmpC 46 Rutherford Street Kindergarten v Chilton [pdf, 92 KB]

   ...have increased the quantum of Ms Chilton’s costs. [11] I take into account the fact that the matter was able to be dealt with on the papers. Consequently the legal work for Ms Chilton involved attending a timetabling conference, preparing a statement of defence and evidence by way of affidavits in reply to those of RSK, as well as submissions. Her lawyer’s timesheet suggests there have been attendances beyond these straightforward tasks, although I recognise that not all th...

5. AFN v ZUI [2012] NZDT 187 (8 June 2012) [pdf, 95 KB]

   ...by AFN. Does the Limitation Act 1950 apply? [35] I have found that there is insufficient evidence to find ZUI liable for the damage caused to AFN’s drains in 2006. Accordingly, it is not necessary to consider whether ZUI would have a defence to this part of the claim under the Limitation Act 1950.

6. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...Compliance Certificate issued on 18 May 1998. [2] The first respondent, MacDee MacLennan Construction Limited and the Second respondent, Duncan MacLennan were respectively the builder and the director responsible for the work. They provided a statement of defence. At the hearing they accepted the outcome of the hearing and took no further part in the process. Mr Reeves appearing for these two parties was given leave to withdraw. [3] Gerry Knol was the fourth respondent. He...

7. AO v ZH LCRO 301/2011 (12 March 2014) [pdf, 60 KB]

   ...rendered while the provisions of the Law Practitioners Act 1982 were in force and the defendant had the ability to seek a costs revision within six months of the costs being rendered by did not do so. I note that the Judge found no merit in any of the defences raised by AO. Decision AO has not overcome the jurisdictional issues identified by me in my decision dated 20 August 2013. It follows therefore that pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006 the dec...

8. [2017] NZEmpC 88 Application for access to court documents [pdf, 88 KB]

   ...stage is that it is not until the hearing that the parties have fully identified the issues with which the Court is required to deal. The preliminary stages of litigation involve the parties in a great deal of paperwork, such as the filing of statements of claim and defence, and discovery by way of the exchange of lists of relevant documents. Changes of pleading often follow discovery and inspection, and the parties may be requested to provide further particulars of their pleading...

9. Youngman v Waikato District Health Board (Strike-Out Application) [2017] NZHRRT 43 [pdf, 171 KB]

   ...action, defence, or case appropriate to the nature of the pleading; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. (2) If the court strikes out a statement of claim or a counterclaim under subclause (1), it may by the same or a subsequent order dismiss the proceeding or the counterclaim. (3) Instead of striking out all or part of a pleading under subclause (1), the court may stay all...

10. Proactive release – report on overseas travel (Europe – January 2019) [pdf, 840 KB]

    ...and protection of human rights of each state. 4. Each UPR review is conducted by the 47 members of the Human Rights Council, however a member state can take part in the dialogue with the state under review. In this year’s UPR 77 member states made statements and recommendations to New Zealand. Each state review is also assisted by a group of three states, collectively known as a 'troika,' who draft the outcome report based on the dialogue during the review. New Zealand's t...