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1. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...it, that is the conclusion about notice of termination of Mr Hutchison’s employment. CNZL’s challenge was filed with the Court on 6 August 2014. [5] A Minute was then issued by the Court on 11 August 2014 as a result of the plaintiff’s statement of claim being unclear as to whether CNZL sought to challenge by hearing de novo or otherwise. That was because para 3 had indicated that the challenge related only to those parts of the Authority’s determination set out at [24]- [...

2. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...http://www.legislation.govt.nz/act/public/1994/0088/latest/link.aspx?id=DLM334114#DLM334114 http://www.legislation.govt.nz/act/public/1994/0088/latest/link.aspx?id=DLM334107#DLM334107 http://www.legislation.govt.nz/act/public/1994/0088/latest/link.aspx?id=DLM333992#DLM333992 5 limitation defence now advanced by Dr Kent, an amended statement of claim will be required to make clear the claim is confined to exemplary damages. [17] As the limitation defence is the only remaining substantiv...

3. [2015] NZEmpC 78 New Zealand Nurses Organisation v Waikato District Health Board interlocutory [pdf, 76 KB]

   ...May 2015 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS [1] Waikato District Health Board (WDHB) applies to extend the time for filing a challenge to a determination of the Employment Relations Authority. 1 It had earlier filed a statement of defence to the plaintiffs’ statement of claim and had purported to include a cross-challenge in its pleadings. During a telephone directions conference on 1 May 2015 Mr Peploe, for the WDHB, accepted that an application to exte...

4. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application to exclude evidence AND IN THE MATTER of an application for leave to file and serve an amended statement of defence BETWEEN ANDRE NEL Plaintiff AND ASB BANK LIMITED Defendant EMPC 303/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND BETWEEN...

5. Defending a proceeding in the High Court

   ...in the High Court. A person who starts a proceeding is the plaintiff and the person or organisation against whom a claim is made is the defendant. Time limit You will have 25 working days from the day you receive the plaintiff’s documents to file a statement of defence. The date by which you must file a statement of defence will be included in the notice of proceeding (see below, under ‘Documents’). Documents If you are the defendant, you should receive two documents from the plaintiff:...

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6. Form 35A Notice of Proceeding when Summary Judgment Sought by Plaintiff [docx, 58 KB]

   ...[bookmark: Purpose]Form 35A is used, instead of form 1, when a notice of proceeding is being filed, and served, by a plaintiff also making an application for summary judgment. When being filed and served this form will need to be accompanied by: · A statement of claim · A list of documents relied on (form 6) · An application for summary judgment (using form 17) · An affidavit in support of the application for summary judgment. How to use the template All the required fields are set out in...

7. [2021] NZEmpC 17 NZ Post Primary Teachers’ Association v Board of Trustees for Rodney College [pdf, 149 KB]

   ...24 February 2021 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE KATHRYN BECK (Application for leave to file amended pleadings) (Application for urgency) [1] On 22 February 2021 the second defendant applied for leave to file an amended statement of defence. It has provided a copy of the proposed pleading. Given that its evidence is due to be filed on 26 February 2021, it has also filed an application for urgency. [2] A directions conference was convened to deal wit...

8. [2018] NZEmpC 42 P v A [pdf, 287 KB]

   ...E PERKINS REGARDING APPLICATION FOR REHEARING Introduction [1] This judgment deals with an application for an order granting the plaintiff a rehearing of a successful application by the defendant to extend time for the filing of a statement of defence. The defendant’s application extending time was granted in a judgment dated 28 July 2017.1 The plaintiff did not seek leave to appeal that judgment but instead has filed this application for a rehearing. In docu...

9. [2023] NZEmpC 115 Carrington Resort Jade LP v Maheno [pdf, 226 KB]

   ...of the Employment Relations Authority in which the Authority determined that Ms Maheno was unjustifiably dismissed.1 1 Maheno v Carrington Resort Jade LP [2022] NZERA 635 (Member Larmer). Application for extension of time to file statement of defence [2] Ms Maheno has applied for leave to extend time to file a statement of defence. [3] A statement of claim seeking a de novo hearing was filed in these proceedings on 4 January 2023. The affidavit of service of Reipa...

10. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

    ...subjective element in considering “bad faith”, the test for “without substantial merit” is objective. The allegations in issue [14] Vero’s position was that it was entitled to decline the claim as it was a term of the policy that all statements made by the trust in support of the policy or any claim made under it be complete and correct in all respects. Vero argued that it was entitled to decline the claim or avoid the policy for breach of the “statements exclusion...