Search Results

1. [2023] NZEmpC 109 MNO v PQR [pdf, 217 KB]

   ...PQR may be contemplating a move to Australia. Further, there is some immediacy to the risk of dissipation as they were dismissed by MNO on 6 June 2023. [27] I am satisfied there is a risk the respondent’s assets will be dissipated. Possible defences [28] Rule 32.2(3)(a) requires that the applicant identifies possible defences available to the respondent. The applicant has done so insofar as it can. While not aware of any credible defences, it anticipates that PQR will deny th...

2. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...and should be resolved as part of ARC 23/12, even though they related in part to matters that arose prior to the unjustifiable dismissal 1 Date taken from paragraph [14l] of the first amended statement of claim in ARC 23/12 and admitted in paragraph [11] of the defendant’s first amended statement of defence. 2 [2012] NZERA Auckland 95. grievance. I suggested that the entitlements and the extent of the payment of those bene...

3. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...HOROWHENUA TRUST Defendant Hearing: by memoranda filed on 3 and 22 December 2010 Judgment: 8 February 2011 COSTS JUDGMENT OF JUDGE A D FORD [1] I concluded my judgment in this case, dated 15 November 2010, with the following statement in relation to costs: 1 [35] In all the circumstances, my preliminary view is that the justice of the case can best be met through an order requiring each party to bear their own costs but if Mr Drummond takes a different view...

4. [2023] NZEmpC 146 A Labour Inspector v ZAQ Ltd [pdf, 199 KB]

   ...could result in substantial penalties being ordered, likely to exceed the amount of arrears sought in the event of the Labour Inspector’s case being proved. [9] This proceeding for freezing and ancillary orders has been commenced by way of a statement of claim in the Court. It is supported by an affidavit of Ms MacRury, who is a principal Labour Inspector, and a memorandum from Mr La Hood. In addition, draft proposed orders were filed with the Labour Inspector’s statement of...

5. [2025] NZEmpC 15 TradeZone Industrial Group Ltd v Stanton [pdf, 206 KB]

   ...prima facie evidence of fraud committed by Mr Stanton which goes a considerable way to establishing there is a risk of dissipation of his assets.9 [45] I am satisfied there is a risk the property of Mr Stanton will be dissipated. Possible defences [46] Rule 32.2(3)(a) requires TradeZone to identify any possible defences available to Mr Stanton. TradeZone has done so. [47] As a possible defence, it was noted that Mr Stanton may seek to rely on a clean disciplinary record a...

6. [2020] NZEmpC 90 Kennedy v The Chief Executive of Oranga Tamariki – Ministry for Childen [pdf, 151 KB]

   ...Oranga Tamariki’s costs calculation, which totals a little over $3,000 less than scale costs on a 2B basis and is less than Oranga Tamariki’s actual costs.2 One reason for Oranga Tamariki seeking the lesser amount is that, although it filed two statements of defence, it only seeks the amount it was invoiced for both statements of defence. It also does not seek a sum for preparation for the directions conference, as the preparation was not significant. [6] The amount sought i...

7. [2020] NZEmpC 11 Cooper v Phoenix Publishing Ltd [pdf, 222 KB]

   ...INTERLOCUTORY (NO 2) JUDGMENT OF JUDGE K G SMITH (Application for leave to defend the proceeding) [1] On 19 December 2019 Phoenix Publishing Ltd applied for leave to defend this proceeding. Leave was required because the company had not filed a statement of defence on time. [2] Filing that application caused the adjournment of a formal proof hearing that had been scheduled to be conducted that day. Subsequently, the company was directed to serve its application on Ms Coop...

8. AODT-Courts-in-Auckland-and-Waitakere.pdf [pdf, 232 KB]

   ...and time commitment involved. https://www.justice.govt.nz/courts/criminal/specialist-courts/aodt-court-resources https://www.justice.govt.nz/courts/criminal/specialist-courts/aodt-court-resources To submit your application, please provide a statement outlining: • what, if any, therapeutic experience you have (including outside the criminal justice system) • any previous engagement with AODT Courts or other specialist courts • how you champion te reo, tikanga Māori and y...

9. Thompson v Van Wijk [2021] NZHRRT 39 [pdf, 239 KB]

   ...2016 Mr Van Wijk filed an amended statement of reply defending the claim. In his reply he denies sexually harassing the plaintiff and says they had a consensual intimate relationship and any sexual intimacy was consensual. He raised a limitation defence in respect of the claim for damages as a remedy. [7] The Bishop of Nelson and the Vicar of Blenheim Parish initially defended the claim. In December 2016 they filed an amended statement of reply denying the claim, including on the bas...

10. [2016] EmpC 128 Vasona Networks Inc v Sunder [pdf, 83 KB]

    ...of the Employment Relations Authority (the Authority) out of time. 1 [2] The Authority’s determination was issued on 16 June 2016. In that proceeding Mr Rajeev Sunder claimed that he was unjustifiably dismissed by Vasona and he sought reinstatement to his position, or to a position no less advantageous to him as well as financial remedies. The issues identified by the Authority in its determination were: 2 1 Sunder v Vaso...