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1. David Bain appendices tabs F to J [pdf, 1.9 MB]

   ...the best way to describe it. BINNIE J: On the photographs, and it's a l ittle bit of a digression , this d ispute over 25 photograph 62 and I 'm not going to get into the controversy, except in terms of when it was suppl ied to the defence. They complain that the purpose or the object of the photograph wasn't explained . It just came to them with a bunch of other photographs. Was it your responsibi l ity to put together this package of photographs and convey it...

2. [2014] NZEmpC 87 MacDonald v Whale Pumps Ltd t/a Denby Caterers [pdf, 54 KB]

   ...IN THE EMPLOYMENT COURT AUCKLAND REGISTRY [2014] NZEmpC 87 ARC 56/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for leave to amend statement of claim BETWEEN SHIRLEY ANNE MACDONALD Plaintiff AND WHALE PUMPS LIMITED T/A DENBY CATERERS Defendant Hearing: On the memoranda, affidavits and submissions of the parties filed on 8 and 24 April and...

3. [2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge [pdf, 350 KB]

   ...essentially repeating its case in the Authority, and denying obtaining a premium from Mr Ge. In its challenge to the second determination the company pleaded that, because it did not seek a premium, a penalty should not have been imposed. The statements of claim in each challenge are largely repetitive, containing common pleadings, except in relation to the relief sought by them. [8] Mr Ge has applied to strike out both proceedings and has supported his application with an affidav...

4. David Bain report of Hon Ian Binnie QC on compensation claim [pdf, 1.1 MB]

   ...ALLEGATION OF PROSECUTORIAL MISCONDUCT ..................................................... 144  (i)  Unfair cross‐examination tactics ....................................................................... 144  (ii)  Allegation of prosecutorial “ambush” of the defence ....................................... 146  (iii)  Change of position ............................................................................................. 147  (iv)  Failure to ...

5. Mr-Rasheeds-Authorities.pdf [pdf, 7.1 MB]

   ...relating to the death of Pearse Jordan 12. On 25 November 1992, the applicant’s son, Pearse Jordan, aged 22, was shot and killed in Belfast by an officer of the Royal Ulster Constabulary (the RUC), later identified as Sergeant A. 13. The official statement issued by the RUC to the media indicated that an RUC unit had pursued a car on the Falls Road and brought it to a halt. On stopping the car, the officers had fired several shots at the driver, fatally wounding him a short distance...

6. [2023] NZEmpC 38 Halse v Employment Relations Authority [pdf, 151 KB]

   ...dismissed, he applied for what was described in his application as a stay of the proceeding pending action being taken in the Court of Appeal. It was premised on a claim that a miscarriage of justice had occurred because the Authority did not file a statement of defence and that there was a breach of the New Zealand Bill of Rights Act 1990. [5] A further aspect of Mr Halse’s stay application was a claim that Rangiura lacked standing to apply to strike out his proceeding because...

7. [2011] NZEmpC 79 Simich and Others v Air NZ second interlocutory [pdf, 60 KB]

   ...will be heard on that date. [4] Next, also by agreement, the Court will hear and determine, as a preliminary question before trial: The extent and scope of the implied term or terms, if any, as pleaded in paragraphs 3.25 to 3.28 of the amended statement of claim and in the affirmative defences in the amended statement of defence [which should be described as the defendant‟s amended statement of defence to the plaintiffs‟ amended statement of claim]; … [5] Next, the parti...

8. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

   ...circumstances they say were very challenging. The Board strongly opposes all Mr and Mrs Cronin-Lampe’s claims. [3] More particular details of the claims, defences, and a counter-claim are outlined in the pleadings. Counsel have agreed on a statement of issues with which the Court largely agreed. In my minute of 10 June 2021, I confirmed that the key issues are:1 ... (a) Whether the plaintiffs are entitled to raise their disadvantage grievances outside the 90-day time limit...

9. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 42 KB]

   ...costs and expenses to have been incurred unnecessarily. [7] The claimant and the first, second, fifth and seventh respondents made submissions. SUBSTANTIAL MERIT Limitation [8] The claimant was put on notice that there would be a defence based on limitation in November 2005 when an application was made to Adjudicator Green to strike out the claim filed under the 2002 Act. The application was declined after submissions that a full factual assessment required a he...

10. EMPC Form 2A - Application for leave to extend [doc, 46 KB]

    ...Court at …………………………………… [place] for leave to [i.e. for extension of time to file a challenge to a determination of the Employment Relations Authority number (state the number); or for a leave to extend the time for filing a statement of defence; etc] ……………………………………………………………………………………….. …………………………………………………………………………………………………. [spe...