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1. [2007] NZEmpC AC 62/07 Taylor & Anor v von Tunzelman [pdf, 31 KB]

   ...would seem to follow that at the time of the Authority’s first determination and the filing of the challenge to that, WPL, that I understand was in effect Mr Taylor’s own company, was trading. Although nominated as an appellant on the original statement of claim filed by Mr Taylor himself, WPL has dropped off the entituling at least of the most recent statement of claim filed by Mr Bogiatto who emphasises that he has no instructions other than for Mr Taylor in person. It may b...

2. [2021] NZEmpC 51 McKeich v DDUP NZ Ltd [pdf, 252 KB]

   ...Judgment: 22 April 2021 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL: (Application for further and better particulars) Introduction [1] Mr Yong Liu, the second defendant, seeks further and better particulars of an amended statement of claim in which claims of an enforcement nature are brought by Ms McKeich and Mr Hanson against Mr Liu. [2] The proceeding has its genesis in a series of determinations of the Employment Relations Authority (the Authority...

3. [2025] NZEmpC 7 LMN v STC [pdf, 199 KB]

   ...[33] The plaintiff has offered to pay $1,250, being half of the defendant’s policy excess as security to the defendant. The defendant has rejected the proposal. [34] I have considered the evidence provided by the defendant, including the statements the plaintiff has previously made. The evidence indicates that it is likely that the plaintiff would be unable to pay the defendant’s costs should she be unsuccessful in her challenge. The plaintiff has failed to provide documenta

4. EMPC Form 2C - Notice accompanying statement of claim served outside NZ [doc, 28 KB]

   Form 2C Notice accompanying statement of claim served outside New Zealand Schedule 3, clause 5A, Employment Relations Act 2000 1 The plaintiff named in the attached statement of claim has commenced proceedings against you by filing a statement of claim in the Employment Court. 2 Even though you are outside New Zealand, the Court may hear and determine these proceedings. It may do so if the proceedings come within its jurisdiction. The grounds on which the plaintiff says that the proceeding...

5. [2007] NZEmpC CC 4/07 Monaco Village Management Ltd v Benson [pdf, 18 KB]

   ...opportunity to take up her employment. The company was ordered to pay her lost wages of $7,248 and $5,000 compensation for distress to Ms Benson. Costs were reserved. [2] On 21 December 2005 the company filed a challenge to that determination. A statement of defence, cross-challenge, and third party claim was then filed on behalf of Ms Benson. [3] The statement of defence supports the Employment Relations Authority determination; the cross-challenge seeks an increas...

6. [2014] NZEmpC 19 Action Plumbing Gas Drainage Services Ltd v Tuhura [pdf, 21 KB]

   ...proceeding before the Authority by David Beck, a solicitor experienced in employment law. On 26 November 2013, Mr Beck and Mr Bell, counsel for the plaintiff, filed the following joint memorandum: The plaintiff has challenged that determination. The statement of claim was filed on 13 October 2013. 1. Further to the filing and service of the plaintiff's application to have this matter heard De-Novo the parties have agreed the following:

7. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   ...plaintiff Defendant in person Judgment: 19 November 2024 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL (Application for leave to file amended pleadings) Introduction [1] This judgment determines whether leave to file an amended statement of claim should be granted. The proceeding relates to sanctions sought by a former employee against a director of a former employer. It is the fourth of several proceedings in this Court where compliance difficulties have ar...

8. Templates

   Statement of claim Originating application Notice of appeal Order adjudicating debtor bankrupt Application for a writ of habeas corpus Statement of defence Statement of defence and counterclaim Statement of counterclaim Statement of cross-claim Statement of claim against a third party Notice of cross-appeal Affidavit...

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9. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

   ...report. If the report was acceptable to the Council, it would then consider whether a CCC would be issued. Page | 12 [26] In September 2006 the Boes approached another real estate agent, Ms Fischer, in order to sell their home. In statements made to Ms Fischer, both verbally and in an email, the Boes stressed the need to ensure that any potential purchaser fully understood that there was no CCC. As a result, the Boes provided Ms Fischer with the following documents...

10. BORA Insolvency Law Reform Bill [pdf, 382 KB]

    ...defendant must rebut to escape liability. As noted above, where this is the case, the legislation falls to be justified under section 5 of the Bill of Rights Act.[13] Our analysis of these offences is set out below. Reverse onus offences - Defences Defences of informing the creditor of the debtor or bankrupt's financial position 60. Clause 355 (Offence of obtaining credit) of the Bill makes it a summary offence for a debtor who is subject to a summary instalment order to inc...