Search Results

1. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...therefore dismissed. The 28-day period within which REL was entitled to challenge the Authority’s determination expired on 14 December 2006. This application was made to the Court on 18 December 2006 and was accompanied by an affidavit and a draft statement of claim. The intended challenge was, therefore, 4 days out of time, or, excluding a weekend, 2 working days. [4] Although this is not the briefest application for leave to challenge out of time considered by me, the oppo...

2. [2010] NZEmpC 60 Maritime Union of NZ v C3 Ltd [pdf, 28 KB]

   ...be treated as having taken over the legal obligation of the company that signed the collective agreement, TLNZ Ltd. The union relied either on the doctrine of estoppel or the lifting of the corporate veil to obtain the relief it sought in its statement of claim, namely a finding that C3 is the employer party to the collective agreement. [2] Following the conclusion of the hearing counsel were agreed that further submissions would be filed on two issues: the principles that apply...

3. From Bystander to Participant: Recognising and protecting victims by providing legal advice and legal representation [pdf, 664 KB]

   ...with similar adversarial systems. The rights to ILR, where provided, are usually exclusive to sexual violence victims because, due to the personal nature of the crime, they are often the only witness and thus must endure increased scrutiny from defence counsel. This report firstly provides an overview of the how the role of ‘victim’ is positioned within the adversarial criminal justice system, followed by a review of the provision of legal advice services for victims. The core of...

4. [2014] NZEmpC 115 Atkinson v Phoenix Commercial Cleaners Ltd [pdf, 81 KB]

   ...The time within which Ms Atkinson may commence a challenge to the Authority’s determination is extended to 4.00 pm on 11 July 2014. At the same time Ms Atkinson should pay the required filing fee. (b) When the filing fee payable on filing a statement of claim has been paid, the statement of claim provided to the Court by Ms Atkinson on 18 February 2014 shall be effective and may be signed and sealed by the Registrar. (c) The regulations regarding service and the provision of...

5. E88 Russell Green – ETNZ - RE – Applicant [pdf, 769 KB]

   ...RUSSELL LENARD HAMILTON GREEN ON BEHALF OF PANUKU DEVELOPMENT AUCKLAND (EMIRATES TEAM NEW ZEALAND) 4 September 2018 2573 31086402_1.docx INTRODUCTION 1.1 My full name is Russell Lenard Hamilton Green. I have prepared a primary statement of evidence dated 7 August 20181 on behalf of Panuku (EIC). I also prepared a statement of evidence on behalf of ETNZ and America’s Cup Event Limited (section 274 parties) dated 21 August 20182. 2. SCOPE OF EVIDENCE 2...

6. [2017] NZEmpC 106 Crimson Consulting Ltd v Berry (No 2) [pdf, 100 KB]

   ...Such a document was filed late yesterday. [4] The parties are agreed as to the form of a draft order. I largely agree with their proposal, subject to the following points. [5] The first is, as I indicated in my first judgment, there should be a statement in the order which refers generically to the commercially sensitive information, and to the disputed objectionable material. I have added such a reference to the draft. [6] Secondly, the draft refers to certain affidavits which...

7. [2021] NZEmpC 192 AB Roofing Ltd v Lane [pdf, 182 KB]

   ...due unpaid wages. A total of $20,037.06 was ordered to be paid by AB Roofing Ltd (ABRL) by 30 October 2019. This did not occur. Nor have the monies been paid since. 1 Lane v AB Roofing Ltd [2019] NZERA 565 (Member Loftus). [3] A statement of claim raising a de novo challenge was filed on 21 October 2019. It was claimed that a representative of the company who was responsible for administration matters had not been active in passing on relevant communications so tha...

8. [2012] NZEmpC 87 Haig v Edgewater Developers & Ors [pdf, 55 KB]

   ...allow for a judicial settlement conference about a month before that date. Directions to this hearing will be given once the suitability of the date is confirmed with counsel. [11] The only other question is to confirm that the defendants’ statement of defence to the plaintiff’s amended statement of claim will be filed within seven days of the date of this interlocutory judgment. [12] I reserve costs and leave for any party to apply for any further interlocutory orders or d...

9. [2013] NZEmpC 116 Air NZ Ltd v Kerr [pdf, 55 KB]

   ...Timetabling Orders [2] The following timetabling orders are also made by consent: 1. The fixture is confirmed for 31 July, 1 and 2 August 2013 at Courtroom 2.01, Level 2, 41 Federal Street, Auckland. (a) The plaintiff is to file and serve its statement of claim by 5.00 pm on 25 June 2013; (b) The defendant is to file and serve his statement of Defence by 5.00 pm on 27 June 2013. (c) Subject to any orders of the Court in respect of confidentiality, the parties will, as soo...

10. [2019] NZEmpC 150 Ways Electronics Ltd v Sharma [pdf, 378 KB]

    ...reasonably and necessarily incurred: Gibson v Department of Justice.6 In South Canterbury District Health Board v Milner,7 a lay litigant was able to properly claim the legal costs incurred for the use of a solicitor who drafted and finalised a statement of defence following the evaluation of a statement of claim for the Court. 2 Direct Auto Importers (NZ) Ltd v A Labour Inspector [2018] NZEmpC 39. 3 Health Technology Ltd v MacDon...