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Search results for Statement of Defence.

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  1. [2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd [pdf, 192 KB]

    ...Herrett was concerned about this because the deadline for filing a challenge was 21 April 2023 and so took matters into his own hands. On 20 April 2023, he filed this application for leave to extend time to file the challenge. He filed a draft statement of claim on 5 May 2023. [6] In late June 2023, he engaged Mr McInnes at Cameron & Co to represent him and, shortly thereafter, Mr Mackenzie, barrister. [7] The draft statement of claim would seek to challenge the Authority’...

  2. [2021] NZEmpC 186 Restaurant Brands Ltd v Gill [pdf, 349 KB]

    ...was unusual to find New Zealanders who apply for and are suitable for “low skilled” roles such as Mr Gill’s. [78] I find that this experience influenced the language she used when communicating with Mr Gill and led her to make placatory statements which he relied on. [79] Accordingly, Ms Douglas’ “no worries” response of 9 January 2019, which included the statement that the email she had just sent was “a reminder email that we have to send out”, appeared to confi...

  3. PDLA Operational Policy v3.1 [pdf, 350 KB]

    ...alleged offences, including charges, or possible charges, and any factors that may impact on gravity, including, for example, the condition of any victim or previous convictions • the weight of evidence to date and intended evidence, including any statements made by the detained person, particularly any admissions or statements made by others • exhibits seized • any injuries to the complainant • any intentions police have concerning further evidence, such as an interview,...

  4. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

    ...including application of the Limitation Acts 20 The Tribunal will decide claims in accordance with existing law and the terms of the relevant insurance contracts. This includes the application of the Limitation Acts 1950 and 2010, which provide a defence to claims where the limitation period has expired. 21 The Tribunal will apply the same legal rules that apply in court. This includes the power to award general damages where appropriate. 8y9t1vo72j 2018-07-19 11:51:38 4 Pr...

  5. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 462 KB]

    ...including application of the Limitation Acts 20 The Tribunal will decide claims in accordance with existing law and the terms of the relevant insurance contracts. This includes the application of the Limitation Acts 1950 and 2010, which provide a defence to claims where the limitation period has expired. 21 The Tribunal will apply the same legal rules that apply in court. This includes the power to award general damages where appropriate. 8y9t1vo72j 2018-07-19 11:51:38 4 Pr...

  6. LCRO 176/2019 LJ v RY and PG (7 July 2020) [pdf, 230 KB]

    ...loss of a revenue stream, which was readily quantifiable and thus compensable. The hope was that [Mr QB] could be convinced that the New Zealand business was for all practical 1 Business D Ltd 2 Statement of claim at [1(d)]. 3 Mr PG, letter to Standards Committee (4 October 2018). 4 At [20].. 3 purposes lost to him, and that he would then accept a reasonable sum by way of settlement for that loss. [12] This tactic was communica...

  7. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

    ...prior settlement encouraged by enabling the Authority to order the parties to try to resolve their differences through mediation before it proceeds to deal with any matter, where this is appropriate in the circumstances. [31] In line with this statement from the Explanatory Note, Mr Langton submitted that the relevant objects contained in s 143 of the Act relating to Part 10 are relevant. The relevant portions of that section read as follows: 143 Object of this Part The o...

  8. Smitheram v Hanns [2010] NZWHT Wellington 24 [pdf, 483 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101- 000048 [2010] NZWHT WELLINGTON 24 BETWEEN VIVIENNE SMITHERAM AND BERNARD MCBRIDE Claimants AND PETER HANNS TRADING AS HANNS BUILDERS & JOINERS First Respondent AND ROGER WALKER ARCHITECTS LTD Second Respondent AND WELLINGTON CITY COUNCIL Third Respondent AND DION BARETA (Removed) Fourth Respondent AND K ROAD NO 1 LIMITED Fifth Respondent AND STOANZ LIMITED (Removed) Sixth Respondent AND HANNA

  9. National Standards Committee 1 v Yang [2024] NZLCDT 8 (27 March 2024) [pdf, 160 KB]

    ...personal to him. The only things he can cling to are trivial when set against the force of the opposing narrative. 16 Bundle 13, at [35]. 10 [32] We attended closely to Mr Yang while giving evidence. We found him unconvincing. His defence lacked logic and common sense. It lacked credibility. We found no substance to his defence. The Standards Committee’s case proved coherent and compelling. After careful deliberation, we find the preponderance of evidence is o...

  10. Amendments to Court Rules 2025 [pdf, 522 KB]

    ...particular proceeding will vary based on the nature and complexity of the case. 15.1.2 Placing greater emphasis on the need for parties to co- operate in resolving proceedings seeks to reduce unnecessary procedures and costs. 15.2 Require witness statements to be filed near the commencement of proceedings and avoid providing information already included in disclosure; 15.2.1 This is expected to improve the quality of such statements as they will address genuine issues of fact, rather t...