Search Results

1. [2011] NZEmpC 25 George v Auckland Regional Council [pdf, 68 KB]

   ...damage. That subsequently discovered conduct can be so used has been authoritatively determined by the Court of Appeal in Salt v Richard Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands. 3 [8] There may be issues touched upon in the affidavits and in opposition to the application as to the degree of the Council’s knowledge of Ms George’s alleged failures at the time of the dismissal, and whether any proved failures in relation to the damages proceedings were su...

2. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...matter can be called over for a hearing. Costs [20] Mrs Neill has travelled from Whakatane to Auckland for the hearing today and although there is no loss of income to her, she seeks reimbursement of her travel costs, pointing out that in her affidavit Ms Paul calculated that the cost of travel 600 kilometres at 75 cents per kilometre would be $450 which seems a reasonable figure in all the circumstances. The plaintiff is therefore entitled to reimbursement of her travelling co...

3. [2009] NZEmpC CC 14/09 Gorrie Fuel (SI) Ltd v Scott [pdf, 24 KB]

   ...within the prescribed time. Subsequently, however, Mr Scott applied for an extension of time for filing a defence to the proceedings. [4] That application was opposed by the plaintiff who filed a notice of opposition and a detailed affidavit in opposition. As a result, I held a hearing in chambers on 4 May 2009 to deal with the application for extension of time. In the course of that hearing the plaintiff, who was then represented by Mr Gorrie as its agent, withdrew i...

4. [2006] NZEmpC AC 42/06 Mills v Macks Seafoods (1997) Ltd [pdf, 32 KB]

   ...numerous correspondences and attendances relating to his disclosure; (g) the plaintiff would not have had to have opposed the defendant’s application for disclosure in Court; (h) the plaintiff would not have had to have drafted and sworn an affidavit and drafted submissions relating to the disclosure hearing; (i) the plaintiff would not have had to have appeared in Court to argue against the disclosure order; (j) the plaintiff would not have had to have perused a substanti...

5. [2012] NZEmpC 165 Snowdon v Radio New Zealand Ltd [pdf, 68 KB]

   ...material before giving the defendant appropriate advice as to the steps open to it in the fraud proceedings. Mr Tizard pointed out that the plaintiff’s statements of claim were prolix and far from coherent and contained recurring references to affidavits and other material filed earlier in the proceedings. That necessitated considerable time to analyse the material in order to be able to fully advise the defendant. The defendant wished to retain the services of Mr Quigg because...

6. [2012] NZEmpC 192 Sayers v S B McPherson Holdings Ltd [pdf, 71 KB]

   ...willingness to give evidence before the Employment Court. A statement of claim was prepared and emailed to the Employment Court on 25 September 2012 as being the first practical date after receiving the further evidence. [12] In a supporting affidavit, Mr Sayers deposed that the witness in question was Mr Rubik. Mr Rubik was Mr Sayers’ predecessor. Mr Sayers described him as a “crucial witness” because “he could give evidence that he had received the same instructions...

7. [2015] NZEmpC 46 Rutherford Street Kindergarten v Chilton [pdf, 92 KB]

   ...costs. [11] I take into account the fact that the matter was able to be dealt with on the papers. Consequently the legal work for Ms Chilton involved attending a timetabling conference, preparing a statement of defence and evidence by way of affidavits in reply to those of RSK, as well as submissions. Her lawyer’s timesheet suggests there have been attendances beyond these straightforward tasks, although I recognise that not all the recorded time has been charged. [12] A cro...

8. [2014] NZEmpC 42 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 70 KB]

   ...Employment Court at Auckland. In the circumstances I do not consider that the full amount of the Authority’s costs award ($21,000) should be paid in. The plaintiff’s financial circumstances, as these have been outlined to the Court on affidavit, mean that she will be very unlikely to be able to afford to do so. Rather, the amount to be paid in as a condition of the stay should be a sum equivalent to the Authority’s tariff costs rate for a three day hearing, that is...

9. [2015] NZEmpC 96 Allied Security Ltd v Marriott interlocutory [pdf, 88 KB]

   ...were subsequently to succeed. As a condition of the grant of stay, Allied is prepared to pay the sum involved to the Registrar of the Employment Court to be held in an interest-bearing account. [6] Mr Marriott has also filed evidence. In his affidavit he says that the process of bringing a personal grievance has been long and frustrating, and he believes that Allied has delayed the timely resolution of his claim. He has ill health, the details of which he described, which mean...

10. Appleby Building Ltd v C Alva LCRO 117 / 2009 (12 October 2009) [pdf, 54 KB]

    ...17 October 2008 when it was again called over. At that time the Court set the matter down for a substantive hearing to be held on 13 November 2008. Appleby Building arranged for a notice of opposition to Helmsdale’s application and supporting affidavit to be filed and served on 29 October 2008. [3] On 31 October 2008 Helmsdale Limited was wound up by order of the Court on the application of another creditor. 2 [4] When the matter was called on 13 November Appleby Building so...