Search Results

1. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

   ...application for costs were sought, in the sum of $1,500. [7] Mr Jacobson also referred to the Court’s Guideline Scale, which applies to cases filed after 1 January 2016. He said that after allowing $2,899 in respect of Marra’s successful defence of the removal application, the Guidelines produced a figure of $22,969 in the plaintiff’s favour. [8] Counsel for Marra, Mr Patterson, acknowledged that costs should follow the event, although he said that these were not usually...

2. Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50 [pdf, 236 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 o...

3. 20230413-Dairy-Industry-Restructuring-Fonterra-Capital-Restructuring-Amendment-Bill.pdf [pdf, 194 KB]

   ...penalties in the principal Act. 21. On the face of it, strict liability offences limit section 25(c) of the Bill of Rights Act. This is because they create a ‘reverse onus’: instead of the State having to prove guilt, the accused must prove a defence (or disprove a presumption) in order to avoid liability. 22. A reverse onus may nevertheless be consistent with the Bill of Rights Act if the grounds for the offence are rationally connected to a sufficiently important objective; if th...

4. [2024] NZEnvC 067 Waikato Regional Airport Limited v Waikato District Council [pdf, 418 KB]

   ...the generation and/ or conveyance of electricity that is fed into the national grid or a network (as defined in the Electricity Industry Act 2010); (g) Significant transport corridors as defined in Map 6.1 and 6.1A of the Waikato Regional Policy Statement; (h) Lifeline utilities, as defined in the Civil Defence and Emergency Management Act 2002, and their associated essential infrastructure and services; (i) Municipal wastewater treatment plants, water supply treatment plants and bulk...

5. [2024] NZEmpC 83 Caisteal An Ime Ltd v A Labour Inspector Costs. [pdf, 224 KB]

   ...costs to a successful party unless there are special circumstances making it fairer to depart from that rule.19 The Environment Court has published a practice note in which it indicated that where there was an appeal against a proposed policy statement, plan, or plan change costs would not normally be awarded to any party.20 The public policy reason for that approach is not material to litigation like the present claim. [27] For completeness, there was no dispute that the Inspecto...

6. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

   ...unconditional and if so, did the seller breach the contract by failing to repay the deposit, or was the seller induced to enter the contract by a misrepresentation or by misleading or deceptive conduct by NI as Director? 12. A misrepresentation is a false statement of a past or present fact which induces a party to enter into an agreement. Section 35 of the Contract and Commercial Law 2017 (CCLA) provides that the remedy for such a misrepresentation is damages as if the representation...

7. O Ltd v CD & Ors [2024] NZDT 854 (18 October 2024) [pdf, 279 KB]

   ...such an outcome does not resolve this longstanding dispute but simply re-shapes it. However, I am only able to determine the claim that is presented. O Ltd set out the outstanding invoices that comprise its claim for $$28,575.79. An effective defence to a claim for an outstanding invoice is that the invoice has in fact been paid. CD put considerable time and effort into setting out clearly which invoices were accepted and which were disputed. This information was available to O L...

8. [2025] NZEmpC 128 Isher Enterprises Ltd v Arushi [pdf, 243 KB]

   ...However, Ms Arushi’s position is understandable given that a significant amount of the orders in her favour are for wages owing. Given the nature of the findings, although she has legal aid, there is an equally legitimate concern as to whether her defence of the challenge will be ineffectual if a stay is granted on the terms currently sought. Was the challenge brought for good reasons, and is it being pursued in good faith? [17] There is nothing in the parties’ submissions and...

9. Edwards v Taui - Lot 3 DP South Auckland 19992 (2025) 344 Waiariki MB 9 (344 WAR 9) [pdf, 213 KB]

   ...I'm going to call it a blowup or a whānau blowup. That's what I'm going to call it. But I don’t believe we have had any other than that one. Now if I'm wrong, forgive me on that. So, the information that I received was a police statement or something to the police to do with theft. So, the investigations were had and the officer in charge of the investigation was very happy that the picture that I took belonged to the tribe, and he said give it back and boom. So...

10. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

    ...his claim. Mr Murphy challenged that determination and the matter proceeded before the Court by way of a hearing de novo. [5] The hearing before the Court was conducted by the parties in an exemplary manner. Counsel provided me with an agreed statement of facts which clearly set out the background to the essential issues. This enabled the evidence of the witnesses to be brief and focussed. Counsel also provided me with an agreed bundle of documents containing very useful diagr...