[2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [pdf, 168 KB]
...reasons I come to. [5] The reasons for the omission to file within time can be summarised as follows. In essence it was considered that a challenge could appropriately be pursued through a positive defence, which Mr Hadfield advanced in his statement of defence to the company’s statement of claim. The statement of defence was filed within the statutory timeframe for doing so. The positive defence sparked an objection by the company, and orders were sought that it be struck ou...