Search Results

1. [2013] NZEmpC 186 Sealord Group Ltd v Pickering [pdf, 91 KB]

   ...determination of the Employment Relations Authority (the Authority). 1 This morning it applied for a stay of proceedings pending determination of the challenge, and sought additional orders relating to urgency. The application was supported by an affidavit, sworn by Mr Paulin, the General Manager of Sealord Fishing, Sealord Group Limited. [2] An urgent telephone conference was convened this afternoon, and interim orders were made at the conclusion of the conference (as set out be...

2. [2014] NZEmpC 166 James Denyer v Peter Reynolds Mechanical Ltd t/a the Italian Job Service Centre [pdf, 72 KB]

   ...Reynolds, who is the principal of the company, has subsequently applied on behalf of the company for a rehearing and, on the grounds advanced, the Labour Inspector does not oppose the making of an order for rehearing. Those circumstances outlined by affidavit satisfy me that it is proper to grant a rehearing and an order is made accordingly. [3] The Labour Inspector is satisfied also that Peter Reynolds Mechanical Limited has paid the balance due under the Authority’s determinati...

3. [2016] NZEmpC 8 Auckland International Airport Ltd v APC [pdf, 71 KB]

   ...BETWEEN AUCKLAND INTERNATIONAL AIRPORT LIMITED Applicant AND APC First respondent AND ASB BANK LIMITED Second Respondent AND WESTPAC NEW ZEALAND LIMITED Third Respondent Hearing: By memoranda and affidavits filed on 15 February 2016 Appearances: K Dunn and S Fitzgerald, counsel for applicant Judgment: 15 February 2016 INTERLOCUTORY WITHOUT NOTICE JUDGMENT OF CHIEF JUDGE G L COLGAN [1] For reasons which I wi...

4. Goodhew v CAC 20004 & Scott [2013] NZREADT 66 [pdf, 20 KB]

   ...DECISION ON THE PAPERS INTERIM DECISION OF THE TRIBUNAL ON ISSUE OF THE APPEAL Introduction [1] The Tribunal has now had the opportunity of reading the submissions of counsel for Mr Goodhew and for the Real Estate Agents Authority, the affidavit of 2 Gerald Martin Gallacher and reviewing the documents contained in the Bundle of Documents. [2] In the conference on 27th March 2013 the Tribunal agreed that it would issue a decision on the papers concerning the iss...

5. [2014] NZEmpC 12 Hall v Dionex Pty Limited oral interlocutory [pdf, 41 KB]

   ...a transcript of a meeting that occurred on 21 December 2011. While it is apparent that notices requiring disclosure had been served by each party, the plaintiff had not disclosed the existence of the audio and the transcription of it. [2] An affidavit was filed on 7 February 2014 explaining why the audio had only recently been retrieved and transcribed. Mr Erickson, on behalf of the defendant, opposes the transcript being admitted in evidence and has submitted in summary that th...

6. Bahramitash v CAC 404 & Naidu [2016] NZREADT 43 [pdf, 68 KB]

   ...sleep-out was non- compliant. This was said to be in breach of Rule 5.1, 6.4 and 6.5 of the Real Estate Agents Act (Complaints and Discipline) Regulations 2009. [3] The agent appealed. He has adduced additional evidence from the Council and an affidavit from Mr Naidu’s neighbours to show that the sleep-out referred to in the 2011 flyer was in fact a tool shed/sleep-out and did not need any Council consent for construction because it was less than 10 metres in size. The work done...

7. [2017] NZEmpC 112 Chevelle Motors Ltd v Cranswick [pdf, 99 KB]

   ...spent on preparing for the case. That being the position, the costs that are requested are as follows: (a) photocopying and courier charges - $200; (b) reimbursement of Community Law Centre expenses in preparation of documents, which included affidavits and submissions and preparation for the case including attendances with the defendant- $1,000; (d) total of $1,200. [5] I can see no reason why the Community Law Centre should not have some contribution towards its reason...

8. [2019] NZEmpC 50 Metropolitan Glass & Glazing Ltd v A Labour Inspector [pdf, 198 KB]

   ...seek that the employees be referred to as Employees 1, 2 and 3 and their identifying details be protected by a non-publication order. [4] Having considered the matters raised in support of the application, including in the Labour Inspector’s affidavit, I am satisfied that it is appropriate that a non- publication order be made. There is minimal public interest in knowing the employees’ identities and personal details, and to the extent that such an interest exists, it is out...

9. [2019] NZEmpC 88 Randle v The Warehouse Ltd [pdf, 201 KB]

   ...comprising: Step Proceeding Allocated Days (Band B) 2 Commencement of defence to challenge 0.5 11 Preparation for first directions conference 0.2 13 Appearance at first or subsequent directions conference 0.2 36 Preparation of affidavit evidence 1 39 Preparation for hearing 1.5 40 Appearance at hearing 0.5 Total 3.9 At $2,230 per day = $8,697 [3] The Warehouse Ltd confirms that the scale costs represent approximately two thirds of The W...

10. Memorandum of Counsel accompanying application to strike out by Guardians of trhe Bays Incorporated and Hue te Taka 9 November 2018 [pdf, 99 KB]

    ...DG’s decision cannot be discounted, so even if the DG has made a decision by “mid- April” 2019, the direct referral process might not move forward then for that reason. 5. At some point, enough must be enough. 6. GotB and HtT are preparing affidavits in support of its application, and respectfully request until 16 November 2018 to file them. In the context of the adjournment sought by WIAL, no prejudice can arise from that delay. 7. In the meantime, GotB and HtT urge WIAL...